Section 86052 - Deficiencies in Compliance(a) When a licensing evaluation is conducted and the evaluator determines that a deficiency exists the evaluator shall issue a notice of deficiency, unless the deficiency is not serious and is corrected during the visit.(b) Prior to completion of an evaluation or other licensing visit, the licensee, administrator, operator, or other person in charge of the facility shall meet with the evaluator to discuss any deficiencies noted, to jointly develop a plan for correcting each deficiency, and to acknowledge receipt of the notice of deficiency.(c) The evaluator shall provide notice of deficiency to the licensee by one of the following: (1) Personal delivery to the licensee, at the completion of the visit.(2) If the licensee is not at the facility site, leaving the notice with the person in charge of the facility at the completion of the visit. (A) Under such circumstances, a copy of the notice shall also be mailed to the licensee.(3) If the licensee or the person in charge of the facility refuses to accept the notice a notation of the refusal shall be written on the notice and a copy left at the facility. (A) Under such circumstances, a copy of the notice shall also be mailed to the licensee.(d) The notice of deficiency shall be in writing and shall include the following: (1) Citation of the statute or regulation which has been violated.(2) A description of the nature of the deficiency stating the manner in which the licensee failed to comply with a specified statute or regulation, and the particular place or area of the facility in which it occurred.(3) The plan developed, as specified in (b) above, for correcting each deficiency.(4) A date by which each deficiency shall be corrected.(A) In determining the date for correcting a deficiency, the evaluator shall consider the following factors:1. The potential hazard presented by the deficiency.2. The number of participants affected.3. The availability of equipment or personnel necessary to correct the deficiency.4. The estimated time necessary for delivery, and for any installation, of necessary equipment.(B) The date for correcting a deficiency shall not be more than 30 calendar days following service of the notice of deficiency, unless the evaluator determines that the deficiency cannot be completely corrected in 30 calendar days.(C) If the date for correcting the deficiency is more than 30 calendar days following service of the notice of deficiency, the notice shall specify the corrective actions which must be taken within 30 calendar days to begin correction.(D) The evaluator shall require correction of the deficiency within 24 hours and shall specify on the notice the date by which the correction must be made whenever penalties are assessed pursuant to sections 86054(c), (d) and (e).(5) The amount of penalty being assessed and the date the penalty begins.(6) The address and telephone number of the licensing office responsible for reviewing notices of deficiencies for the area in which the facility is located.Cal. Code Regs. Tit. 22, § 86052
1. Change without regulatory effect amending article heading and adopting section filed 9-14-2021 pursuant to section 100, title 1, California Code of Regulations (Register 2021, No. 38). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20. Note: Authority cited: Sections 1530 and 1548, Health and Safety Code. Reference: Sections 1534 and 1548, Health and Safety Code.
1. Change without regulatory effect adopting section filed 9-14-2021 pursuant to section 100, title 1, California Code of Regulations (Register 2021, No. 38). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20.