10A NCAC 09 .1904          ADMINISTRATIVE SANCTIONS

(a)  A special provisional license may be issued for a six‑month period when the Division determines that abuse or neglect occurred in a child care center or home.  The following provisions shall apply:

(1)           the special provisional license and the reasons for its issuance shall be posted in a prominent place in the center or home as soon as they are received by the operator;

(2)           the special provisional license and reasons for issuance shall remain posted for the entire six months covered by the license, and also during the time of any administrative proceedings;

(3)           no new children shall be enrolled in the center or home until the Division is satisfied that the abusive or neglectful situation no longer exists and gives the operator written permission to accept new children; and

(4)           an operator may obtain an administrative hearing on the issuance of a special provisional license in accordance with the provisions of G.S. 150B‑23.

(b)  A written warning specifying corrective action to be taken by the operator of the child care center or home may be issued when the investigation is concluded and the Division determines that abuse or neglect occurred in a center or home and the situation does not warrant issuance of a special provisional license.

(c)  A civil penalty, in accordance with the schedules listed in Rule .1716 and .Section .2200 of this Subchapter, may be levied against the operator of a child care home or center when the Division determines that child abuse or neglect has occurred while the child was in the care of the home or center.  In addition, any violation of the terms of a special provisional license may result in the assessment of a civil penalty as provided in Rule .1716 and Section .2200 of this Subchapter.

(d)  Failure to implement the corrective action plan required by a written warning pursuant to G.S. 110‑88(6a) may result in either the assessment of a civil penalty as provided in Section .2200 of this Subchapter or the issuance of a special provisional license or may result in both actions being taken.

(e)  The type of sanction imposed by the Secretary shall be determined by one or more of the following criteria:

(1)           severity of the incident;

(2)           probability of reoccurrence;

(3)           prior incidents of abuse or neglect in the center or home;

(4)           history of compliance with child care requirements; or

(5)           the Division's assessment of the operator's response to the incident.

(f)  Nothing in this Rule shall restrict the Secretary from using any other statutory or administrative penalty available pursuant to G.S. 110‑102.2 and Section .2200 of this Subchapter, or the provisions in 150B‑3(c) to summarily suspend a license if the health, safety or welfare of any child is in jeopardy.

 

History Note:        Authority G.S. 110‑88(5); 110‑88(6a); 110‑102.2; 110‑103.1; 143B‑168.3; 150B‑3; 150B‑23;

Eff. January 1, 1986;

Amended Eff. April 1, 2001; August 1, 1990; November 1, 1989; July 1, 1988.