Violations and Penalties

Violations and Penalties 1. In the event of an emergency occurring at a child care facility which makes it difficult or impossible to comply with any of these Rules, the facility shall not be considered to be in violation of these specific Rules. For purposes of this Rule 1.25.9, the term “emergency” shall include only the following: a. Inclement weather; b. Damage to the facility and/or structure which might require moving, transferring or consolidation or children; c. Traumatic injury or acute illness of a caregiver or the caregiver’s immediate family while the caregiver is on-site resulting in the caregiver having to leave the premises; d. During any declaration of emergency by local or state officials; e. An injury or illness of a child at the facility requiring the immediate attention of one or more caregivers, resulting in non-compliance with child- to-staff ratio or room capacity; and f. During a period when Department inspectors or other government official require facility staff to temporarily not be able to perform their normal supervisory duties. 2. Any Class I violation of these regulations is the discretion of the licensing agency and is punishable by a monetary penalty of five hundred dollars ($500.00) for a first occurrence and a monetary penalty of one thousand dollars ($1000.00) for each subsequent occurrence of the same violation. Each violation is considered a separate offense. The following are Class I violations: a. Failure to prevent the death, burns, dismemberment, or permanent disability of a child. b. Allowing a child to be unattended at a licensed . child care facility before or after operating hours. This also includes a child being left alone during operating hours when no staff is present at the facility. Further, a child left unattended outside of a child care facility is also considered to be a Class I violation. c. Allowing a child to be unattended when not at the licensed facility but under the care of the licensed facility. 3. Should a facility be cited for Class I violations on two separate occasions, it may be cause for suspension or revocation of the facility license for habitual noncompliance with the Regulations Governing Licensure of Child Care Facilities. 4. Any Class II violation of these regulations is the discretion of the licensing agency and is punishable by a monetary penalty of fifty dollars ($50.00) for the first occurrence and a monetary penalty of one hundred dollars ($100.00) for each subsequent occurrence within the same licensure term. Each violation is considered a separate offense. The following are Class II violations: a. Failure to comply with Personnel Requirements and Records. b. Failure to comply with Emergency Preparedness and Evacuation Planning. c. Failure to comply with Staff to Child Ratio, Group Size, and Supervision. d. Failure to comply with Discipline and Guidance. e. Exceeding the maximum capacity for a facility or room. f. Allowing a child to leave the child care facility with an unauthorized individual. g. Violation of environmental health regulation. h. Failure to report a serious occurrence. i. Failure to report a communicable disease. j. Violation of transportation and safety policies, procedures, and regulations. k. Failure to have proper immunization documentation in each child's record and each employee's record. l. Failure to display license and/or complaint notice. m. Failure to meet conditions or restrictions placed on a license. The monetary penalty will be in addition . to the immediate closure of the facility for failure to meet any conditions or restrictions as stated on the restricted license. n. Failure to comply with the nutrition standards. o. Failure to comply with the requirements of Smoking, Tobacco Products, and Prohibited Substances. p. Altering of any documents supporting suitability for employment in a child care facility. 5. Should a facility be cited for Class II violation on four separate inspection dates, it may be cause for suspension or revocation of the facility license for habitual noncompliance with the Regulations Governing Licensure of Child Care Facilities. 6. A Class III violation of these regulations, at the discretion of the licensing agency, is punishable by a monetary penalty of twenty-five dollars ($25.00) for each occurrence. A Class III violation is any violation of these regulations not listed as a Class I or Class II violation. 7. Unless they are appealed, all monetary penalties shall be payable within 30 business days of being levied. If monetary penalties are appealed, they shall be payable within 30 business days of final disposition. 8. An operator shall have the right to appeal a monetary penalty imposed pursuant to this section of the regulations, in accordance with the policy of the licensing agency. Any appeal of a monetary penalty must be filed with the licensing agency within ten business days of being levied. 9. An operator shall not be granted a license, nor shall a license be renewed for any operator with outstanding monetary penalties. 10. If a license expires during the appeal process, it shall be administratively extended, and documentation of the extension shall be provided to the licensee. A facility given an administrative extension during the appeal process, shall remain under the regulation of the licensing agency and will be subject to all current licensure regulations to include, but not limited to, inspection of the facility, review of facility and children’s records, submission of all . required or requested documents, and payment of all applicable fees and/or monetary penalties.