Section 86059 - Unlicensed Facility Administrative Appeal(a) An unlicensed facility operator or their representative shall have the right to appeal the penalty assessment within 10 working days after service of the penalty assessment.(1) If the unlicensed facility operation has not ceased, the $200 per day penalty shall continue to accrue during the appeal process.(b) The appeal review shall be conducted by a higher level staff person than the evaluator who issued the penalty.(c) If the reviewer of the appeal determines that the penalty assessment was not issued in accordance with applicable statutes and regulations of the Department, they shall have the authority to amend or dismiss the penalty assessment.Cal. Code Regs. Tit. 22, § 86059
Note: Authority cited: Section 1530, Health and Safety Code. Reference: Sections 1503.5, 1508, 1547 and 1548, Health and Safety Code.
Note: Authority cited: Section 1530, Health and Safety Code. Reference: Sections 1503.5, 1508, 1547 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.
2. Amendment of subsections (a) and (c) filed 3-1-2024; operative 7/1/2024 (Register 2024, No. 9).