Section 101157
OPERATION WITHOUT A LICENSE
(a) If an unlicensed child care center is providing care and supervision as
defined in Section 101152c.(2), the center is in violation of Health and Safety
Code Section 1596.80 unless exempted from licensure pursuant to Section 101158.
(b) If a child care center is alleged to be in violation of Health and Safety
Code Section 1596.80, the Department shall conduct a site visit and/or to Health
and Safety Code Section 1596.853.
- HANDBOOK BEGINS HERE
- (1) Health and Safety Code Section 1596.80 states:
- No person, firm, partnership, 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.
- (2) Health and Safety Code Section 1596.853(c) provides in part:
- Upon receipt of a complaint, the department shall make a preliminary review
and, unless the department determines that the complaint is willfully intended
to harass a licensee or is without any reasonable basis, the department shall
make an onsite inspection within 10 days after receiving the complaint except
where the visit would adversely affect the licensing investigation or the
investigation of other agencies, including, but not limited to, law enforcement
agencies. In either event, the complainant shall be promptly informed of the
department's proposed course of action.
- HANDBOOD ENDS HERE
- If a child care center is operating without a license, the Department shall
issue a Notice of Operation in Violation of Law and shall refer he case for
criminal prosecution and/or civil proceedings.
(d) The Department has the authority to issue an immediate civil penalty pursuant
to Section 101198 and Health and Safety Code Section 1596.891.
- HANDBOOK BEGINS HERE
- Health and safety Code Section 1596.891 states in part:
- (a) A person who violates Section 1596.80 may be liable for an immediate
assessment of civil penalties in the amount of two hundred dollars ($200)
per day.
- (b) The penalty specified in subdivision (a) shall be imposed if the operator
of an unlicensed facility refuses to seek licensure or the operator seeks
licensure and is denied but continues to operate.
- HANDBOOK ENDS HERE
(e) Sections 101157(c) and (d) shall be applied pursuant to Health and Safety
Code Section 1596.892.
- HANDBOOK BEGINS HERE
- Health and Safety Code Section 1596.892 states:
- The civil, criminal, and administrative remedies available to the Department
pursuant to this article are not exclusive, and may be sought and employed
in any combination deemed advisable by the Department to enforce the provisions
of this chapter.
- HANDBOOK ENDS HERE
NOTE: Authority cited: Section 1596.81, Health and Safety Code. Reference: Sections
1596.792, 1596.8O, 1596.81(b), 1596.89, 1596.89O, 1596.891 and 1596.892, Health
and Safety Code.
Home
About Us
Login
Sign-Up
Products
Contact Us
