(a)  (1) Notwithstanding any other provision of this chapter, any person who violates Section 1503.5 or 1508, or both, may be assessed by the department an immediate civil penalty in the amount of two hundred dollars ($200) per day of the violation, unless the conditions described in paragraph (2) apply.

(2) A person who violates Section 1503.5 or 1508 and provides residential care to children may be assessed an immediate civil penalty in the amount of one thousand dollars ($1,000) per day of the violation.

Terms Used In California Health and Safety Code 1547

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • department: means State Department of Health Services. See California Health and Safety Code 20
  • Director: means the Director of Social Services. See California Health and Safety Code 1502
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: means any person, firm, association, organization, partnership, business trust, corporation, limited liability company, or company. See California Health and Safety Code 19
  • State: means the State of California, unless applied to the different parts of the United States. See California Health and Safety Code 23

(b)  The civil penalty authorized in subdivision (a) shall be imposed if an unlicensed facility is operated and the operator refuses to seek licensure or the operator seeks licensure and the licensure application is denied and the operator continues to operate the unlicensed facility, unless other remedies available to the department, including criminal prosecution, are deemed more effective by the department.

(c)  An operator may appeal the assessment to the director. The department shall adopt regulations setting forth the appeal procedure.

(d) For purposes of this section, “person” means an individual, firm, association, organization, partnership, business trust, corporation, limited liability company, company, or political subdivision of the state.

(Amended by Stats. 2023, Ch. 438, Sec. 1. (AB 426) Effective January 1, 2024.)

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