INSPECTIONS, INVESTIGATIONS AND LICENSING

• Regulation of local licensing agencies by bureau.
• Inspections; investigations.
• License to operate facility: Application; investigation; issuance; return.
• License to operate facility: Contents; display; limitations.
• License to operate facility: Renewal.
• License to operate facility: Transfer to inactive status.
• License to operate facility: Disciplinary action.
• Group homes for which license as nursery for infants and toddlers not required.
• Waiver of board's regulations.

NAC 432A.180 Regulation of local licensing agencies by bureau.

1. Any county or city which desires to establish or has established a child care licensing agency must file a copy of any proposed ordinance or regulation for licensing facilities with the bureau for review not later than 30 days before a public hearing is held on the proposed ordinance or regulation. The ordinance or regulation adopted by the county or city must be filed with the bureau for its approval within 30 days after adoption.
2. Every local licensing agency shall monthly submit to the bureau a roster of all facilities in its jurisdiction which are currently licensed.

1. Inspections of any building or premises of a facility pursuant to NRS 432A.180 may be unannounced and must be made at least two times during the 12-month licensing period or once every 6 months. More frequent inspections may be made if the bureau has reason to believe the licensee of a facility is not meeting the requirements of this chapter or of NRS.

2. In conducting inspections and investigations, the bureau may call upon political subdivisions and governmental agencies for assistance. The licensee or applicant shall cooperate with the person conducting the investigation by providing access to the buildings, records and staff of the facility. Failure to provide such access is a ground for revocation of a license or denial of an application for a license.

3. On confirmation of the operation of an unlicensed operator of a facility, the bureau or the local licensing agency shall investigate and attempt to license the operator of the facility, force discontinuance of the operation of the facility or prosecute the violation.

NAC 432A.200 License to operate facility: Application; investigation; issuance; return.

1. An application for an initial license to operate a facility must be:

(a) Submitted to the bureau on a form supplied by the bureau; and

(b) Accompanied by the following appropriate fee:

(1) If the facility is to provide care for 5 or 6 children $20

(2) If the facility is to provide care for 7 or more but not more than 12 children 60

(3) If the facility is to provide care for 13 or more but not more than 50 children 100

(4) If the facility is to provide care for 51 or more but not more than 100 children 150

(5) If the facility is to provide care for 101 or more but not more than 150 children 200

(6) If the facility is to provide care for 151 or more but not more than 200 children 250

(7) If the facility is to provide care for more than 200 children 300

2. After receiving a completed application and payment of the appropriate fee, the bureau will:

(a) Conduct an investigation into the qualifications and background of every applicant and his employees, and every resident of the facility who is 18 years of age or older;

(b) Inspect the buildings of the facility; and

(c) Examine the plans for care of the children and management of the facility.

3. Documentation of completed and current investigations must be kept on file al the facility for all persons required to be investigated, for the period of their presence at the facility.

4. Fingerprints must be taken and applications for investigations must be made by:

(a) An employee or a resident of the facility within 3 working days after the date of hiring or his presence in the facility, and every 6 years thereafter.

(b) An applicant at the time of an application for initial license.

(c) A licensee every 6 years after the date his license is originally issued.

5. The bureau will immediately notify the applicant or licensee if the investigation indicates that he or an employee or resident of the facility has been convicted of any offense listed in subsection 2 of NRS 432A.170.

6. The license must not be issued until the chief is satisfied that the proposed facility will be in compliance with the applicable codes concerning safety of human life, environmental health, and building and zoning, as established respectively by the state fire marshal, the state board of health and the appropriate local government. A report of inspection by the state fire marshal or the state health officer, finding satisfactory conditions, may be accepted by the chief as proof of compliance with the applicable regulations.

7. An applicant must, before a license is issued to him, submit to the bureau a certificate stating that he holds a policy of insurance for protection against liability to third persons which will meet the requirement set forth in subsection 2 of NAC 432A.290. Any government, governmental agency or political subdivision of a government which operates a child care facility and is self insured is not required to furnish a certificate of insurance to the bureau.

8. If the applicant and the proposed facility are in compliance with the provisions of this chapter, as shown by his application and related material and the investigation, a license will be issued to him within 30 days after completion of the investigation.

9. A licensee shall return to the bureau his license if he ceases to operate a facility, if the license has been suspended or revoked, or if his annual license is placed on a provisional basis.

1. Each license must contain the name of each person authorized to operate the facility, the location of the facility, the number of children for whom care may be provided pursuant to the license and the nature of child care services which may be provided.

2. The license issued to an operator of a facility must be signed by the chief and conspicuously posted in a public place within the facility.

3. The license is not transferable from one licensee to another licensee or from a licensee to a person who is not a licensee. A license is valid only for the premises described in the license.

4. Except as provided otherwise in this chapter, a licensee may not care for a greater number of children than the number set forth on the license issued to the licensee.

NAC 432A.220 License to operate facility: Renewal.

1. A licensee of a facility may apply for reissuance of a license no later than 45 days before the expiration of the license. The bureau shall provide all forms and materials necessary for reissuance of a license.

2. After receipt of an application for reissuance of a license and the receipt of a fee for reissuance computed in the same manner described in subsection 1 of NAC 432A.200, the bureau shall conduct a survey to determine whether the licensee of a facility meets all of the requirements for issuance of a license set forth in NAC 432A.200.

3. If, after investigation, the bureau determines that the facility complies with the requirements of NAC 432A.200, a license must be reissued for 1 year. A reissued license may be revoked or suspended on the same grounds as an initial license.

NAC 432A.225 License to operate facility: Transfer to inactive status.

1. A licensee may request that his license be transferred to inactive status by the bureau. If the request is approved, the licensee shall, within 15 days after the approval, give written notification to the parents of any children in the facility that his license is inactive.

2. Inactive status does not continue beyond the expiration of the license.

NAC 432A.230 License to operate facility: Disciplinary action.

1. In addition to the grounds set forth in NRS 432A.190, the bureau may suspend or revoke the license of a licensee on the ground that the health or safety of a child in the facility is being endangered.

2. The notice of denial, suspension or revocation required by NRS 432A.200 must be sent by the bureau within 30 days after its determination to suspend or revoke a license or to deny an application for a license.

NAC 432A.233 Group homes for which license as nursery for infants and toddlers not required.

A group home is not required to be licensed as a nursery for infants and toddlers if the licensee does not provide care for more than eight children who are under 3 years of age.

NAC 432A.235 Waiver of board's regulations.

1. A person who desires a waiver of all or any part of the board's regulations concerning licensing must submit a completed application for the waiver to the bureau or other appropriate agency for the licensing of facilities.

2. An application for a waiver filed with the board must be submitted to the board at its next regularly scheduled meeting if the waiver is filed 60 days before that meeting. The application must be accompanied by the recommendation of the bureau and the appropriate agency for the licensing of facilities.

3. The board will grant a waiver if it determines that good cause exists. The board will not grant a waiver which will threaten public health or safety.

4. The board will specify the length of time a waiver is in effect.

5. A waiver granted by the board will be revoked before the expiration of the period of the waiver if, after a public hearing, the board determines that the public health or safety is threatened or the basis upon which the waiver was granted no longer exists.

6. For the purposes of this section, "good cause" exists when an applicant is unduly burdened by a regulation of the board and thereby suffers a severe hardship because of circumstances or conditions which are unique to him.

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