Section 101198
UNLICENSED FACILITY PENALTIES
(a) A penalty of $200 per day shall be assessed for the operation of an unlicensed
child care center under either of the following conditions:
- (1) The operator has not submitted a completed application for licensure
within 15 calendar days of issuance of a Notice of Operation in Violation
of Law pursuant to Section 101157, and continues to operate.
- (A) For purposes of this section, an application is deemed completed
if it includes the information required in Section 101169.
- (B) The completed application is deemed to be submitted when received
by the Department
- (2) Unlicensed operation continues after denial of the initial application.
- (A) Notwithstanding any appeal action, child care center operation
must cease within 10 calendar days of the mailing of the notice of denial
or upon receipt of the denial notice by the operator, whichever occurs
first.
(b) The $200 per day penalty shall be assessed for the continued operation of
an unlicensed child care center as follows:
- (1) On the 16th calendar day after the operator has been issued the Notice
of Operation in Violation of Law and has not submitted a complete-d application
as required.
- (A) The $200 per day penalty shall continue until the operator ceases
operation or submits a completed application pursuant to Sections 101198(a)(1)(A)
and (B).
- (2) On the 10th calendar day after the mailing of the notice of denial
or upon receipt of the denial notice by the operator, whichever occurs first.
- (A) The $200 per day penalty shall continue until the operator ceases
operation.
(c) If the unlicensed operator or his/her representative reports to the Department
that unlicensed operation has ceased, the penalty shall cease as of the day the
Department receives the notification.
- (1) A site visit shall be made immediately or within five working days
to verify that the unlicensed child care center operation has ceased.
- (2) Notwithstanding (c) above, if the unlicensed child care center operation
has not ceased, penalties shall continue to accrue without interruption from
the date of initial penalty assessment.
(d) All penalties shall be due and payable upon receipt of the Notice for Payment
from the Department, and shall be paid by check or money order made payable to
the Department as indicated in the notice.
(e) The Department has the authority to file a claim in any court of competent
jurisdiction or to take other appropriate action for failure to pay penalties
as specified in (d) above.
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(f) Payment of civil penalties or application for licensure in response to
a citation under this section do not permit the operation of a child care center
without a license.
Health and Safety Code 1596.80 states:
No person, firm, partnership, association, or corporation shall operate, establish,
manage, conduct, or maintain a child day care facility in this state without
a current valid license therefor as provided in this act.
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(g) A person assessed civil penalties may appeal the penalty under Section
101196.
NOTE: Authority cited: Section 1596.81, Health and Safety Code. Reference:
Sections 1596.80, 1596.891 and 1596.892, Health and Safety Code.
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