Connecticut Licensing Standards for Day Care Centers

Licensing Standards for DayCare Centers

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Penalty for Operating without License or Violating Regulations

(amended by Public Act 95-360, Sec. 11, eff. 7/13/95)

(a) Any person or officer of an association, organization or corporation who shall establish, conduct, maintain or operate a day care center or group day care home without a current and valid license [or in violation of regulations adopted under sections 19a-77 to 19a-80, inclusive, and 19a-82 to 19a-87, inclusive,] shall be [fined] SUBJECT TO A CIVIL PENALTY OF not more than one hundred dollars a day for each day that such center or home is operated without a license. [or in violation of the regulations.]

(b) IF THE COMMISSIONER OF PUBLIC HEALTH AND ADDICTION SERVICES HAS REASON TO BELIEVE THAT A VIOLATION HAS OCCURRED FOR WHICH A CIVIL PENALTY IS AUTHORIZED BY SUBSECTION (a) OF THIS SECTION, HE MAY SEND TO SUCH PERSON OR OFFICER BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, OR PERSONALLY SERVE UPON SUCH PERSON OR OFFICER, A NOTICE WHICH SHALL INCLUDE:

(1) A REFERENCE TO THE SECTION OR SECTIONS OF THE GENERAL STATUTES OR REGULATIONS INVOLVED;

(2) A SHORT AND PLAIN STATEMENT OF THE MATTERS ASSERTED OR CHARGED;

(3) A STATEMENT OF THE MAXIMUM CIVIL PENALTY WHICH MAY BE IMPOSED FOR SUCH VIOLATION; AND (4) A STATEMENT OF THE PARTY'S RIGHT TO REQUEST A HEARING, SUCH REQUEST TO BE SUBMITTED IN WRITING TO THE COMMISSIONER NOT LATER THAN THIRTY DAYS AFTER THE NOTICE IS MAILED OR SERVED.

(c) IF SUCH PERSON OR OFFICER SO REQUESTS, THE COMMISSIONER SHALL HOLD A HEARING ON THE VIOLATION ASSERTED. THE HEARING SHALL BE HELD IN ACCORDANCE WITH THE PROVISIONS OF CHAPTER 54. IF SUCH PERSON OR OFFICER FAILS TO REQUEST A HEARING OR FAILS TO APPEAR AT THE HEARING OR IF, AFTER THE HEARING, THE COMMISSIONER FINDS THAT THE PERSON OR OFFICER HAS COMMITTED SUCH VIOLATION, THE COMMISSIONER MAY, IN HIS DISCRETION, ORDER THAT A CIVIL PENALTY BE IMPOSED THAT IS NOT GREATER THAN THE PENALTY STATED IN THE NOTICE. THE COMMISSIONER SHALL SEND A COPY OF ANY ORDER ISSUED PURSUANT TO THIS SUBSECTION BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, TO THE PERSON OR OFFICER NAMED IN SUCH ORDER.

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