North Carolina North Carolina

Licensing Standards for DayCare Centers


SECTION .2200 - CIVIL PENALTIES

.2201 SCOPE AND PURPOSE

Any operator/registrant who violates any provision of Article 7 of Chapter 110 of the General Statutes or of this Subchapter who fails to take corrective action after being provided adequate written notice by the section shall be considered to be in willful violation of the licensing law and a civil penalty may be levied against the operator by the secretary or designee pursuant to rules and schedules of penalties adopted by the commission.

History Note: Authority G.S. 110-90(9); 110-103.1; 143B-168.3;

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

.2202 AMOUNT OF PENALTY

(a) The amount of the penalty assessed shall be based upon the following factors: willful or negligent non-compliance by the operator, history of non-compliance, extent of deviation from the regulation, evidence of good faith effort to comply, and any other factors relevant to the unique situation.

(b) The amount of the penalty, within the limitation established by G.S. 110-103.1, shall be in accordance with the following schedule:

(1) Where a violation presents a clear and imminent danger to the safety of the children, a civil penalty up to one thousand dollars($1000) may be imposed;

(2) Where a violation endangers, or has the potential to endanger the children's health, safety, or well-being, a civil penalty up to five hundred dollars($500.00) may be imposed;

(3) Where a violation does not directly endanger the children, a civil penalty of up to two hundred and fifty dollars($250.00) may be imposed.

(c) A separate penalty may be imposed for each violation.

History Note: Authority G.S. 110-90(9); 110-103.1; 143B-168.3;

Eff. January 1, 1986.

.2203 NOTICE OF ASSESSMENT OF PENALTY

The operator shall be notified by registered or certified mail of the amount and reasons for the assessment of the civil penalty. The notice shall specify the factors used to determine the amount of the penalty and must specify a time period by which payment must be received by the division.

History Note: Authority G.S. 110-90(9); 110-103.1; 143B-168.3;

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

.2204 RIGHT TO A HEARING

Any operator contesting a penalty is entitled to an administrative hearing and judicial review in accordance with Chapter 150B of the General Statutes, the Administrative Procedures Act.

History Note: Authority G.S. 110-90(9); 110-103.1; 143B-168.3;

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

.2205 FAILURE TO PAY ASSESSED PENALTY

Failure to pay the assessed penalty or to exercise appeal rights within 30 days after receipt of the notice of assessment may result in civil action in accordance with the provisions of G.S. 110-103.1(c).

History Note: Authority G.S. 110-90(9); 110-103.1; 143B-168.3;

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

.2206 SCHEDULE OF CIVIL PENALTIES FOR DAY CARE FACILITIES

(a) The following penalties may be assessed against child day care facilities as defined in G.S. 110-86(3).

(b) A civil penalty in an amount up to one thousand dollars($1,000) may be imposed for the following violations:

(1) Non-compliance with the standards for:

(A) Staff-child ratios;

(B) Adequate supervision of children;

(C) Transportation of children; or

(D) Use of swimming pools and other swim areas.

(2) Disapproved fire safety, building or sanitation inspection reports;

(3) Exceeding licensed capacity of facility, or use of unauthorized space;

(4) Change of ownership or relocation of facility without prior notification to the section;

(5) Substantiation that a child(or children) was abused or neglected while in the care of the facility; or

(6) Willful, repeated pattern of non-compliance with any requirement over extended period of time.

(c) A civil penalty in an amount up to five hundred dollars($500.00) may be imposed for the following violations:

(1) Non-compliance with the standards for:

(A) Staff health requirements;

(B) Staff qualifications;

(C) Children's health requirements;

(D) Proper nutrition;

(E) Sanitation and personal hygiene practices;

(F) Discipline of children;

(G) Indoor or outdoor space; or

(H) Emergency medical plan;

(2) Failure to comply with a corrective action plan;

(3) Denial of entry to an authorized representative of the department or section.

(d) A civil penalty in an amount up to two hundred and fifty dollars($250.00) may be imposed for the following violations:

(1) Non-compliance with the standards to provide:

(A) Age-appropriate activities, or

(B) Staff Development;

(2) Failure to post provisional license;

(3) Failure to maintain accurate records.

(e) Violation of other standards may result in the assessment of a penalty according to the effect or potential effect of the violation on the safety and well-being of the child.

History Note: Authority G.S. 110-90(9); 110-103.1; 143B-168.3;

Eff. January 1, 1986; Amended Eff. October 1, 1991.


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