10A NCAC 09 .2204         PROVISIONAL Child Care Facility license or provisional notice of compliance

A provisional child care facility license or provisional notice of compliance may be issued to an operator for any period of time not to exceed 12 months in accordance with the factors listed in 10A NCAC 09 .2201(b) for, among other things, the following reasons:

(1)           a substantiation of one or more violations of the child care requirements set forth in this Chapter as a result of a complaint that does not meet the criteria for a maltreatment finding pursuant to G.S. 110-105.3(b)(3) but for which more than three months is needed to monitor for corrective action implementation;

(2)           to allow a time period for correcting a violation of the building, fire, or sanitation requirements;

(3)           to allow a time period for remediation of an identified lead poisoning hazard as defined in G.S. 130A-131.7(7) or remediation of an asbestos hazard, regardless of whether a provisional sanitation classification has been issued;

(4)           to allow a time period for correction of an administratively dissolved corporation status from the North Carolina Secretary of State;

(5)           when the compliance history of the facility drops below the minimum requirement set forth in G.S. 110-90;

(6)           change of location of a child care facility without proper notification to the Division as specified in Rules 10A NCAC 09 .0204(b), .0403(a), and .1702(d); or

(7)           pattern of noncompliance.

History Note:        Authority G.S. 110‑88(6); 110-90; 110-99; 143B‑168.3;

Eff. February 1, 2019;

Amended Eff. January 1, 2024; February 1, 2021.