North Carolina North Carolina

Licensing Standards for DayCare Centers


SECTION .2000 - RULEMAKING AND CONTESTED CASE PROCEDURES

.2001 PETITIONS FOR RULEMAKING

.2002 RULEMAKING PROCEDURES

.2003 DECLARATORY RULINGS

.2004 CONTESTED CASE PROCEDURES

History Note: Authority G.S. 143B-168.3; 150B-11; 150B-14; 150B-16; 150B-17; 150B-23;

Eff. January 1, 1986; Amended Eff. January 1, 1987; Repealed Eff. November 1, 1989.

.2005 REPORTS TO THE COMMISSION

History Note: Authority G.S. 143B-17; 143B-168.1; 143B-168.3;

Eff. January 1, 1986; Repealed Eff. January 1, 1987.

.2006 ADMINISTRATIVE PENALTIES: GENERAL PROVISIONS

(a) Pursuant to G.S. 110-102.2, the secretary or designee may order one or more administrative penalties against any licensee or registrant who violates any provision of Article 7 of Chapter 110 of the General Statutes or of this Subchapter.

(b) Nothing in this Section shall restrict the division from using any other statutory or civil penalty available. A civil penalty in accordance with G.S. 110-103.1 and Section .2200 of this Subchapter may be imposed in conjunction with any other administrative activity.

(c) The issuance of an administrative penalty may be appealed pursuant to G.S. 150B-23.

History Note: Authority G.S. 110-102.2; 110-103.1; 143B-168.3; 150B-23;

Eff. July 1, 1988; Amended Eff. November 1, 1989.

.2007 WRITTEN WARNINGS

(a) A written warning and a request for compliance may be issued in regard to any violation to allow the licensee or registrant an opportunity to demonstrate compliance with all requirements.

(b) The written warning and request for compliance shall describe the reasons for its issuance including identification of the specific section of the statutes or rules violated. It shall also describe those actions necessary for the licensee or registrant to be in full compliance with requirements and shall specify a time period for compliance to be achieved.

(c) If the licensee or registrant fails to achieve compliance during the specified time period, the section shall employ more restrictive action to achieve compliance or shall revoke the license or registration.

History Note: Authority G.S. 110-102.2; 143B-168.3;

Eff. July 1, 1988; Amended Eff. November 1, 1989.

.2008 WRITTEN REPRIMANDS

(a) An official written reprimand may be issued to censure any violation which the section determines to have been a brief uncustomary event which is unlikely to recur in the ordinary operation of the center or home.

(b) The reprimand shall describe the reasons for its issuance including identification of the specific section of the statutes or rules violated.

History Note: Authority G.S. 110-102.2; 143B-168.3;

Eff. July 1, 1988; Amended Eff. August 1, 1990; November 1, 1989.

.2009 PROBATIONARY STATUS

(a) A license or registration may be place in probationary status for a period of time not to exceed one year when, in the section's determination, violation of any section of the statutes or rules has been willful, continual, or hazardous to health or safety.

(b) The document ordering probation shall describe the reasons for its issuance including identification of the specific section of the statutes or rules violated and shall specify the period of probation. It shall also specify terms of probation with which the licensee or registrant must comply to retain the license or registration.

(c) The order of probation shall be posted in a prominent place in the center or home during the probationary period. If probation is stayed pending appeal, the probation order shall remain posted in the center or home pending final action.

(d) Failure of the licensee or registrant to comply with the terms of probation shall result in the commencement of proceedings to suspend or revoke the license or registration.

History Note: Authority G.S. 110-102.2; 143B-168.3;

Eff. July 1, 1988; Amended Eff. November 1, 1989.

.2010 SUSPENSION

(a) Suspension of a license or registration for a period of time not to exceed 45 days may be ordered when, in the section's determination and with the concurrence of the Division of Facility Services' Negative Action Review Committee, violation of any section of the statutes or rules has been willful, continual, or hazardous to health or safety, and/or the licensee or registration has not made reasonable efforts to conform to standards.

(b) The licensee or registrant shall be notified in advance of the section's determination to suspend the license and the reasons for such action. The licensee or registrant may request an agency review of the situation and shall be given an opportunity to show compliance with all requirements for retention of the license or registration.

(c) The suspension order shall specify the period of suspension and the reasons for its issuance. The licensee or registrant shall surrender the license or registration to the section of the effective date of the suspension order and shall refrain from operating a center or home during the suspension period.

(d) If suspension is stayed pending appeal, the suspension order shall be posted in a prominent place in the center or home pending final action.

(e) Failure to comply with the suspension order shall result in civil action in accordance with G.S. 110-103.1 and/or criminal penalty in accordance with G.S. 110-103. The section may also seek injunctive relief in accordance with G.S. 110-104.

History Note: Authority G.S. 110-102.2; 143B-168.3; 150B-3;

Eff. July 1, 1988; Amended Eff. November 1, 1989.

.2011 REVOCATION

(a) Revocation of a license or registration may be ordered when, in the section's determination and with the concurrence of the Division of Facility Services' Negative Action Review Committee, violation of any section of the statutes or rules has been willful, continual, or hazardous to health or safety, or the licensee or registrant has not made reasonable efforts to conform to standards or is unable to comply.

(b) The licensee or registrant shall be notified in advance of the section's determination to revoke the license and the reasons for such action. The licensee or registrant may request an agency review of the situation and shall be given an opportunity to show compliance with all requirements for retention of the license or registration.

(c) The revocation order shall specify the reasons for its issuance and the effective date of revocation and shall be posted prominently in the center or home immediately upon receipt. The licensee or registrant shall surrender the license or registration on the effective date of the revocation order and shall refrain from operating the center or home thereafter.

(d) Failure to comply with the revocation order shall result in civil action in accordance with G.S. 110-103.1 or a criminal penalty in accordance with G.S. 110-103, or both. The Section may also seek injunctive relief in accordance with G.S. 110-104.

(e) The operator may not apply for a new license or registration for that facility or home for at least 90 days from the effective date of the revocation order or, when administrative or judicial review is requested, from the date the final agency decision or judicial determination is rendered, whichever is later.

History Note: Authority G.S. 110-102.2; 143B-168.3; 150B-3;

Eff. July 1, 1988; Amended Eff. August 1, 1990; November 1, 1989.

.2012 SUMMARY SUSPENSION

(a) Summary suspension of a license or registration may be ordered in accordance with G.S. 150B-3(c) when, in the section's determination, emergency action is required to protect the health, safety, or welfare of children in a licensed day care facility or registered day care home.

(b) The suspension order shall specify the reasons for its issuance including identification of the specific section of the statutes and rules violated and the determination of the need for emergency action. The order shall be effective on the date specified in the order. The order shall be effective during proceedings to suspend or revoke the license or registration.

(c) The licensee or registrant shall surrender the license or registration on the effective date of the order and shall refrain from operating a center or home until final action is determined.

(d) Failure to comply with the summary suspension order shall result in civil action in accordance with G.S. 110-103.1, and/or criminal penalty in accordance with G.S. 110-103. The section may also seek injunctive relief in accordance with G.S. 110-104.

History Note: Authority G.S. 110-102.2; 143B-168.3; 150B-3;

Eff. July 1, 1988; Amended Eff. November 1, 1989


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