North Carolina North Carolina

Licensing Standards for DayCare Centers


SECTION .0400 - ISSUANCE OF PROVISIONAL AND TEMPORARY LICENSES

.0401 PROVISIONAL LICENSES FOR FACILITIES

(a) A provisional license may be issued in accordance with the provisions of G.S. 110-88(6) for any period of time not to exceed twelve consecutive months for any of the following reasons:

(1) To allow a specific time period for correcting a violation of the building, fire, or sanitation requirements, provided that the appropriate inspector documents that the violation is not hazardous to the health or safety of the children but nevertheless necessitates a provisional classification until corrected.

(2) To allow a specific time period for the facility to comply fully with all licensing requirements other than building, fire, or sanitation, and to demonstrate that compliance will be maintained, provided that conditions at the facility are not hazardous to the health or safety of the children or staff.

(3) To allow time for the applicant or licensee to obtain a declaratory ruling pursuant to Section .2000 of this Subchapter.

(4) As a possible administrative action for substantiation of child abuse or neglect.

(b) The provisional license may be issued upon the Division's determination that the applicant or licensee is making a reasonable effort to conform to such requirements.

(c) The provisional license and the document describing the reasons for its issuance shall be posted in a prominent place in the facility that parents are able to view daily.

(d) A licensee may obtain an administrative hearing on the issuance of a provisional license in accordance with Section .2000 of this Subchapter.

History Note: Authority G.S. 110-88(6); 110-99; 143B-168.3;

Eff. January 1, 1986; Amended Eff. July 1, 1998; April 1, 1992; August 1, 1990; July 1, 1988;

January 1, 1987.

.0402 SPECIAL PROVISIONAL LICENSE

History Note: Authority G.S. 110-88(6a); 110-102.1; 110-103; 110-103.1; 110-104; 143B-168.3;150B-3(c);

Eff. January 1, 1986; Amended Eff. January 1, 1987; Repealed Eff. July 1, 1988.

.0403 TEMPORARY LICENSES FOR CENTERS

(a) A temporary license may be issued in accordance with the provisions of G.S. 110-88(10) to the operator opening a new center or to the operator of a previously licensed center when a change in ownership or location occurs provided:

(1) the operator applied for a license, pursuant to Section .0300, or Rule .0204(a) or(b) of this Subchapter prior to the change in status; and

(2) the center has sufficient equipment and materials to operate for the number of children enrolled.

(b) The temporary license shall be posted in a prominent place in the center that parents are able to view daily.

(c) The temporary license shall expire after six months, or upon the issuance of a license or provisional license to the operator, whichever is earlier.

(d) An operator may obtain an administrative hearing on the denial of a temporary license in accordance with Section .2000 of this Subchapter.

History Note: Authority G.S. 110-88(10); 110-99; 143B-168.3;

Eff. July 1, 1988; Amended Eff. July 1, 1998; April 1, 1992; November 1, 1989.


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