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Title 22 Tool
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  • Welcome to CQEL's Title 22 Tool
  • General Requirements and Definitions
    • General
    • Definitions
  • Licensing
    • License Required
    • Operation Without A License
    • Exemption From Licensure
    • Licensing Of Integral Facilities
    • Posting Of License
    • Limitations On Capacity
    • Advertisements And License Number
    • False Claims
  • Application Procedures
    • Transfer and Sale
    • Applicant Qualifications
    • Application for License
    • Criminal Record Clearance
    • Criminal Record Exemption
    • Child Abuse Index
    • Fire Clearance
    • Water Supply Clearance
    • Plan of Operation
    • Disaster and Mass Casualty Plan
    • Waivers and Exceptions for Program Flexibility
    • Initial Application Review
    • Capacity Determination
    • Withdrawal of Application
    • Provisional License
    • Issuance/Term of a License
    • Application for Renewal of a License
    • Submission of New Application
    • Conditions for Forfeiture of a Child Care Center License
    • Licensing Fees
  • Enforcement Provisions
    • Denial of a Renewal License
    • Deficiencies in Compliance
    • Follow-up Visits to Determine Compliance
    • Penalties
    • Review of Licensing Decisions
    • Exemption from Civil Penalties
    • Unlicensed Facility Penalties
    • Denial or Revocation of License for Failure to Pay Civil Penalties
    • Inspection Authority of the Department
    • Evaluation Visits
    • Serious Deficiencies
    • Repealed by Manual Letter No. CCL-98-11, effective 11/1/98
  • Administrative Actions
    • Denial of License
    • Revocation or Suspension of License
    • Licensee/Applicant Complaints
    • Exclusions
    • Unlicensed Facility Administrative Appeal
  • Continuing Requirements
    • Reporting Requirements
    • Finances
    • Accountability
    • Administrator Qualifications and Duties
    • Child Care Center Director Qualifications and Duties
    • Personnel Requirements
    • Teacher Qualifications and Duties
    • Teacher Aide Qualifications and Duties
    • Teacher-Child Ratio -All Ages
    • Preschool Program with Toddler Component
    • Staffing -- Parent-Cooperative Centers
    • Staffing for Water Activities
    • Personnel Records
    • Admission Policies
    • Admission Procedures and Parental and Authorized Representative’s Rights
    • Admission Agreements
    • Child's Medical Assessments
    • Immunizations
    • Child's Records
    • Personal Rights
    • Postural Supports/Protective Devices
    • Discipline
    • Telephones
    • Transportation
    • Health-Related Services
    • Daily Inspection for Illness
    • Isolation for Illness
    • Observation of the Child
    • Food Service
    • Personal Services (Reserved)
    • Responsibility for Providing Care and Supervision
    • Sign In and Sign Out
    • Activities/Napping
    • Smoking Prohibition
  • Physical Environment
    • Alterations to Existing Buildings or New Facilities
    • Buildings and Grounds
    • Outdoor Activity Space
    • Indoor Activity Space
    • Storage Space
    • Wading Pools
    • Fixtures, Furniture, Equipment and Supplies
    • Napping Equipment
    • Drinking Water
  • General Requirements and Definitions - Infant Care
    • General - Infant
    • Definitions - Infant
    • Limitations on Capacity and Ambulatory Status - Infant
  • Continuing Requirements - Infant Care
    • Infant Care Center Director Qualifications and Duties
    • Assistant Infant Care Center Director Qualifications and Duties
    • Infant Care Teacher Qualifications and Duties
    • Infant Care Aide Qualifications and Duties
    • Teacher-Child Ratio - Infant
    • Staffing for Infant Water Activities
    • Toddler Component in an Infant Care Center
    • Infant Needs and Services Plan
    • Modifications to Infant Needs and Services Plan
    • Infant Care Discipline
    • Infant Care Transportation
    • Infant Care Isolation for Illness
    • Infant Care Food Service
    • Infant Care Personal Services
    • Responsibility for Providing Care and Supervision for Infants
    • Infant Care Activities
  • Physical Environment - Infant Care
    • Infant Care General Sanitation
    • Outdoor Activity Space for Infants
    • Indoor Activity Space for Infants
    • Infant Care Center Fixtures, Furniture, Equipment, and Supplies
    • Infant Care Center Sleeping Equipment
  • General Requirements and Definitions - School-Age
    • General - School-Age
    • Definitions - School-Age
  • Application Procedures - School-Age
    • School-Age Child Care Center Fire Clearance
    • Issuance of a School-Age Child Care Center License
  • Continuing Requirements - School-Age
    • School-Age Child Care Center Director Qualifications and Duties
    • School-Age Child Care Center Teacher Qualifications and Duties.
    • Teacher-Child Ratio - School-Age
    • Medical Assessments - School-Age
    • Immunizations - School-Age
    • Child's Records - School-Age
    • Daily Inspection For Illness - School-Age
    • Food Service - School-Age
    • Sign In and Sign Out - School-Age
    • Outdoor Activity Space for School-Age Children
    • Indoor Activity Space for School-Age Children
    • Fixtures, Furniture, Equipment And Supplies - School-Age
  • General Requirements and Definitions - Mildly Ill
    • General - Mildly Ill
    • Definitions - Mildly Ill
  • Licensing - Mildly Ill
    • Limitations on Capacity and Ambulatory Status - Mildly Ill
  • Application Procedures - Mildly Ill
    • Issuance of a License - Mildly Ill
  • Continuing Requirements - Mildly Ill
    • Director Qualifications and Duties - Mildly Ill
    • Teacher Qualifications and Duties - Mildly Ill
    • Personnel Requirements - Mildly Ill
    • Teacher-Child Ratios - All Ages and Mildly Ill
    • Staffing for Water Activities - Mildly Ill
    • Admission Policies - Mildly Ill
    • Medical Assessments - Mildly Ill
    • Child's Records - Mildly Ill
    • Health-Related Services - Mildly Ill
    • Daily Inspection for Illness
    • Isolation for Illness
    • Observation of the Child - Mildly Ill
    • Food Service - Mildly Ill
    • Personal Services - Mildly Ill
    • Sign in and Sign out for Mildly Ill
    • Activities - Mildly Ill
  • Physical Environment - Mildly Ill
    • General Sanitation - Mildly Ill
    • Outdoor Activity Space - Mildly Ill
    • Indoor Activity Space - Mildly Ill
    • Fixtures, Furniture, Equipment and Supplies for Mildly Ill
    • Napping Equipment - Mildly Ill
    • Drinking Water - Mildly Ill
  • Other Resources
    • The Basics: Qualifications and Ratios
    • Child Care Licensing Contacts
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  1. Enforcement Provisions

Penalties

101195

(a) A penalty of $50 per day, per cited violation, shall be assessed for serious deficiencies that are not corrected by the date specified in the notice of deficiency, up to a maximum of $150 per day.

(b) Notwithstanding Section 101195(a) above, an immediate penalty of $100 per cited violation per day for a maximum of five (5) days shall be assessed if any individual required to be fingerprinted under Health and Safety Code Section 1596.871(b) has not obtained a California clearance or criminal record exemption, requested a transfer of a criminal record clearance or requested and be approved for a transfer of an exemption as specified in Section 101170(e) prior to working, residing or volunteering in the facility.

(1) Subsequent violations within a twelve (12) month period will result in a civil penalty of one hundred dollars ($100) per violation per day for a maximum of thirty (30) days.

(2) The Department may assess civil penalties for continued violations as permitted by Health and Safety Code Section 1596.99.

(3) Progressive civil penalties specified in Sections 101195(d) and (e) below shall not apply.

(c) Notwithstanding (a) above, an immediate penalty of $150 per day shall be assessed if a child becomes sick, is injured or dies as a result of a deficiency.

(d) When a child care center is cited for a deficiency and violates the same regulation subsection within a 12-month period, the child care center shall be cited and an immediate penalty of $150 per cited violation shall be assessed for one day only. Thereafter, a penalty of $50 per day, per cited violation, shall be assessed until the deficiency is corrected.

(e) When a child care center that was cited for a deficiency subject to the immediate penalty assessment specified in Section 101195(d) above violates the same regulation subsection within a 12-month period of the last violation, the child care center shall be cited and an immediate penalty of $150 per cited violation shall be assessed for one day only. Thereafter, a penalty of $150 per day, per cited violation, shall be assessed until the deficiency is corrected.

(1) For purposes of Sections 101195(d) and (e) above, a regulation subsection is the regulation denoted by a lower-case letter after the main regulation number.

An example of the same regulation subsection are Sections 101216.1(d)(1) and 101216(d)(3). Sections 101216.1(b) and 101216.1(d) are not the same regulation subsection.

(f) If any deficiency is not corrected by the date specified in the notice of deficiency, a penalty shall be assessed for each day following that date until compliance has been demonstrated.

(1) Immediate penalty assessment as specified in Sections 101195(c), (d) and (e), shall begin on the day the deficiency is cited.

(g) If a licensee or his/her representative reports to the Department that a deficiency has been corrected, the penalty shall cease as of the day the Department receives either verbal or written notification that the correction was made.

(1) If the evaluator determines the deficiency was not corrected as reported, civil penalties shall continue to accrue from the date of the original citation.

(2) If it can be verified that the correction was made prior to the date of notification, the penalty shall cease as of that earlier date.

(h) If necessary, a site visit shall be made immediately or within five working days to confirm that the deficiency has been corrected.

(i) If an immediate civil penalty is assessed and the deficiency is corrected on the same day, the penalty shall still be assessed for that day.

(j) Unless otherwise ordered by the Department all penalties are due and payable upon receipt of notice for payment, and shall be paid only by check or money order made payable to the agency indicated in the notice.

(k) The Department has the authority to file a claim in a court of competent jurisdiction or to take other appropriate action for failure to pay penalties as specified in (j) above.

NOTE: Authority cited: Sections 1596.81 and 1596.893(b), Health and Safety Code. Reference: Sections 1596.81(b), 1596.871, 1596.893, 1596.98 and 1596.99, Health and Safety Code.

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