California Health and Safety Code 11834.31 – If a facility is alleged to be in violation of Section 11834.30, the …
If a facility is alleged to be in violation of Section 11834.30, the department shall conduct a site visit to investigate the allegation. If the department’s employee or agent finds evidence that the facility is providing alcoholism or drug abuse recovery, treatment, or detoxification services without a license, the employee or agent shall take the following actions:
(a) Submit the findings of the investigation to the department.
Terms Used In California Health and Safety Code 11834.31
- Allegation: something that someone says happened.
- department: means the State Department of Health Care Services and "director" means the Director of Health Care Services. See California Health and Safety Code 11752
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- facility: means any premises, place, or building that provides residential nonmedical services to adults who are recovering from problems related to alcohol, drug, or alcohol and drug misuse or abuse, and who need alcohol, drug, or alcohol and drug recovery treatment or detoxification services. See California Health and Safety Code 11834.02
- Person: means any person, firm, association, organization, partnership, business trust, corporation, limited liability company, or company. See California Health and Safety Code 19
(b) Upon departmental authorization, issue a written notice to the facility stating that the facility is operating in violation of Section 11834.30. The notice shall include all of the following:
(1) The date by which the facility shall cease providing services.
(2) Notice that the department will assess against the facility a civil penalty of two thousand dollars ($2,000) per day for every day the facility continues to provide services beyond the date specified in the notice.
(3) Notice that the case will be referred for civil proceedings pursuant to Section 11834.32 in the event the facility continues to provide services beyond the date specified in the notice.
(c) Inform the facility of the licensing requirements of this chapter.
(d) A person or entity found to be in violation of Section 11834.30 shall be prohibited from applying for initial licensure for a period of five years from the date of the notice specified in subdivision (b).
(Amended by Stats. 2018, Ch. 775, Sec. 5. (AB 3162) Effective January 1, 2019.)