Provisional license

1. The department may issue a provisional license for the operation of a group child care although the applicant or provider fails to, or is unable to, comply with all applicable standards and rules of the department. 2. A provisional license must: a. State that the provider has failed to comply with all applicable standards and rules of the department; b. State the items of noncompliance; c. Expire at a set date, not to exceed six months from the date of issuance; and d. Be exchanged for an unrestricted license, which bears an expiration date of one year from the date of issuance of the provisional license, after the applicant or provider demonstrates compliance, satisfactory to the department, with all applicable standards and rules. 3. The department may issue a provisional license only to an applicant or provider who has waived, in writing: a. The right to a written statement of charges as to the reasons for the denial of an unrestricted license; and b. The right to an administrative hearing, in the manner provided in North Dakota Century Code chapter 28-32, concerning the nonissuance of an unrestricted license, either at the time of application or during the period of operation under a provisional license. 4. Any provisional license issued must be accompanied by a written statement of violations signed by the department and must be acknowledged in writing by the provider. 5. Subject to the exceptions contained in this section, a provisional license entitles the operator to all rights and privileges afforded the operator of an unrestricted license. 6. The department may not issue a provisional license if the group child care is not in compliance with section 75-03-09-17 or 75-03-09-18. 7. The provider shall display prominently the provisional license and agreement. 8. The provider shall provide parents written notice that the group child care is operating on a provisional license and the basis for the provisional license.