California Health and Safety Code

§ 11838.4

HSC § 11838.4 Effective Jan 1, 1994Div. 10.5 · Part 2 · Ch. 9

Statute text

(a)Notwithstanding any other provision of this chapter, any person who violates Section 11836.10 may be assessed by the department an immediate civil penalty in the amount of two hundred dollars ($200) per day of the violation. The civil penalty shall be imposed if an unlicensed program is operated and the operator refuses to seek licensure or the operator’s licensure application is denied and the operator continues to operate the unlicensed program.

(b)In addition to suspension or revocation of a license issued under this chapter, the department may levy a civil penalty against any program provider who is not in compliance with statutes and regulations.

(1)The amount of the civil penalty shall not be less than twenty-five dollars ($25) or more than fifty dollars ($50) per day for each violation of this chapter except where the nature or seriousness of the violation or the frequency of the violation warrants a higher penalty or an immediate civil penalty assessment, or both, as determined by the department. In no event, shall the civil penalty assessment for noncompliance exceed one hundred fifty dollars ($150) per day, or a total of five thousand dollars ($5,000).

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Legislative history

Amended by Stats. 1993, Ch. 589, Sec. 92. Effective January 1, 1994.