Inspection and issuance of license
(a) In exercising its authority to license child care facilities or renew, suspend, or revoke the license, the department shall analyze the qualifications of providers of child care, review the facility's written policies and program provisions, and inspect the child care facility. Authorized representatives of the department and parents or guardians of the children in care may visit a child care facility at any time during the hours of operation for purposes of observing, monitoring, and inspecting the facilities, activities, staffing, and other aspects of the child care facility. The department may call on political subdivisions and governmental agencies for appropriate assistance within the agencies' authorized fields. (b) The applicant or licensee shall cooperate with the department by providing access to its facilities, records, and staff. Failure to comply with reasonable requests may constitute grounds for denial, suspension, or revocation of license. (c) After the initial licensure, the licensee shall ensure that new employees and rehires shall be fingerprinted no later than five working days of employment. (d) The applicants and employees shall provide consent to the department to conduct a state name check no later than five working days of the employment anniversary date or the anniversary date of the last consent to a state name check. (e) The department may request the applicant or licensee to terminate the employment of an employee who has a criminal history, employment history, or background which poses a risk to children in care. Any such request shall be in writing and shall state with specificity the criminal conviction, employment history, or background information which indicates a risk to children. (1) When the applicant does not terminate the employment of the employee, the applicant shall notify the department no later than seven working days of receipt of the request. Such notification shall be in writing and shall state the reason or reasons for the decision. (2) Refusal to terminate the employment of an employee when requested under this section may be grounds for revocation or suspension of a license. (f) Rules prescribed herein are minimum standards. (g) The department shall issue a license under the following conditions: (1) A regular license shall be issued if the result of the department's evaluation indicates compliance with the applicable rules as established by the department; or (2) A provisional license shall be issued if the result of the department's evaluation indicates that all of the applicable rules cannot be met immediately but shall be met within three months or less, and the deviations do not threaten the health or safety of the children. (h) The length of the licensing period shall be as follows: (1) Regular licenses shall be valid for one year unless subsequently suspended or revoked. When a regular license is issued after a provisional license, the expiration date of the regular license shall be one year from the issuance date of the provisional license; (2) Provisional licenses may be issued for three months; and (3) Licenses shall be renewed only upon application and upon the department's approval. (i) Each license shall clearly state the kind of program the licensee is permitted to operate, the address of the licensee, and the number and types of children who can be cared for at the facility.
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