10A NCAC 09 .2207         SUMMARY SUSPENSION

(a)  Summary suspension of a permit may be ordered in accordance with G.S. 150B‑3(c) when, in the Division's determination, emergency action is required to protect the health, safety, or welfare of children in a child care facility regulated by the Division.

(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 permit.

(c)  The operator shall surrender the permit 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 Division 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. April 1, 2001; November 1, 1989.