10A NCAC 09 .2216         AMOUNT OF civil penalties for child care facilities

(a)  The amount of the penalty assessed to an operator shall be based upon the following:

(1)           willful or negligent noncompliance by the operator;

(2)           extent of deviation from the rule or law;

(3)           evidence of effort to comply;

(4)           harm or risk of harm to children; and

(5)           any other factors relevant to the situation.

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

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

(1)           Noncompliance with the rules and laws for:

(A)          staff-child ratios;

(B)          adequate supervision of children;

(C)          transportation of children;

(D)          use of swimming pools and other swim areas;

(E)           administration of medication;

(F)           discipline, nurture, or care of children; or

(G)          medical action plan requirements;

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

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

(4)           Change of ownership or relocation of center without prior notification to the Division;

(5)           Determination of child maltreatment at the center as set forth in G.S. 110-105.3;

(6)           Willful, repeated noncompliance with any requirement; or

(7)           Denial of entry to a representative of the Department or Division.

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

(1)           Noncompliance with the rules and laws for:

(A)          staff health requirements;

(B)          staff qualifications;

(C)          children's health requirements;

(D)          proper nutrition;

(E)           sanitation and personal hygiene practices;

(F)           indoor or outdoor space;

(G)          emergency medical plan; or

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

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

(1)           Noncompliance with the rules and laws for:

(A)          safe environment;

(B)          age‑appropriate activities; or

(C)          staff development;

(2)           Failure to post current child care license or notice of compliance to operate a child care center; or

(3)           Failure to maintain records as set forth in Rule .2318 of this Chapter.

History Note:        Authority G.S. 110-88; 110‑90(9); 110‑103.1; 143B‑168.3;

Eff. January 1, 1989;

Readopted Eff. February 1, 2019 (Transferred from 10A NCAC 09 .2209).