Cal. Code Regs. tit. 25 § 5081

Current through Register 2024 Notice Reg. No. 49, December 6, 2024
Section 5081 - Complaint and Monitoring Investigation
(a) Upon receipt of a complaint indicating the possible existence of a violation of law or this chapter, including a violation of Section 1797, et seq. of the Civil Code, the department may investigate the complaint and, at the time and in the manner permitted by law, notify each licensee or former licensee assumed responsible for the violations. In addition, or in the alternative, the department may investigate and take any other actions permitted by law.
(b) The recipient of such a notice shall, as soon as possible, but not later than twenty (20) calendar days after notification, unless otherwise specified by the department, take appropriate steps, including inspections or investigations, to determine the extent of its responsibility. Upon determining its responsibility, the recipient of such a notice shall:
(1) Notify the department in writing of the action proposed to correct the violation and/or respond to the complainant.
(2) Take the action communicated to the department within forty (40) calendar days of the original notification of complaint, unless otherwise specified by the department.
(c) Upon written request, the department may, at its discretion, grant an extension of time for correction of violations.
(d) The department may make an independent investigation and/or may institute appropriate legal and/or administrative action as necessary to secure compliance with law if the person notified of the complaint fails to take or complete appropriate action within the specified time, or at any other time deemed necessary and appropriate by the department.
(e) To the extent that the department deems it necessary to investigate, inspect, or reinspect to ensure compliance with law, the person responsible for taking the corrective action shall submit fees pursuant to Section 5040 of this subchapter within fifteen (15) calendar days after billing by the department. The person or entity liable for such fees may appeal that determination in writing to the director of the department within ten (10) calendar days after such billing. Failure to pay the fees shall be grounds for administrative action by the department.
(f) No license may be renewed if an outstanding fee has not been paid.

Cal. Code Regs. Tit. 25, § 5081

1. Amendment of subsections (b)-(b)(2) and (e) filed 1-29-2010; operative 1-29-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 5).

Note: Authority cited: Section 18015, Health and Safety Code. Reference: Sections 18020, 18021.5, 18045.5 and 18058 and 18061.5, Health and Safety Code.

1. Amendment of subsections (b)-(b)(2) and (e) filed 1-29-2010; operative 1-29-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 5).