NDAC 75-03-11.1-29
Correction of violations
Cite as N.D. Admin. Code ยง 75-03-11.1-29
1.
Within ten business days of mailing or three days of electronic transmission of a correction
order, the owner shall notify the parents of each child receiving care at the school-age child
care program that a correction order has been issued. In addition to providing notice to the
parent of each child, the owner shall post the correction order in a conspicuous location within
the school-age child care program until the violation has been corrected or for five days,
whichever is longer.
2.
Violations noted in a correction order must be corrected:
a.
For a violation of North Dakota Century Code section 50-11.1-02.2; subsection 13 of
section 75-03-11.1-08; subsection 4 or 5 of section 75-03-11.1-08.4; section
75-03-11.1-09; subsection 2, 3, 10, or 20 of section 75-03-11.1-18; or section
75-03-11.1-23, within twenty-four hours.
b.
For a violation requiring the hiring of a school-age child care program director with those
qualifications set forth in section 75-03-11.1-08.1 or a child care supervisor with those
qualifications set forth in section 75-03-11.1-08.3, within sixty days.
c.
For a violation that requires an inspection by a state fire marshal or local fire department
authority pursuant to section 75-03-11.1-17, within sixty days.
d.
For a violation that requires substantial building remodeling, construction, or change,
within sixty days.
e.
For all other violations, within twenty days.
3.
All time periods for correction begin on the date of receipt of the correction order by the owner
and operator.
4.
The department may grant an extension of additional time to correct violations, up to a period
of one-half the original allowable time allotted. An extension may be granted upon application
by the owner and a showing that the need for the extension is created by unforeseeable
circumstances and the owner has diligently pursued the correction of the violation.
5.
The owner shall furnish a written notice to the department upon completion of the required
corrective action. The correction order remains in effect until the department confirms that the
corrections have been made.
6.
At the end of the period allowed for correction, the department shall reinspect a school-age
child care program that has been issued a correction order. If, upon reinspection, the
department or its authorized agent determines that the school-age child care program has not
corrected a violation identified in the correction order, the department shall mail or send
electronic mail a notice of noncompliance with the correction order to the owner and operator.
The notice must specify the violations not corrected and the penalties assessed in accordance
with North Dakota Century Code section 50-11.1-07.5.
7.
If a school-age child care program receives more than one correction order in a single year,
the department may refer the school-age child care program for consulting services to assist
the owner in maintaining compliance to avoid future corrective action.
8.
Refutation process for a correction order:
a.
An owner may refute a correction order by submitting a refutation request in writing on
the form provided by the department within five calendar days of receiving the correction
order.
b.
The department shall respond to written refutations within five business days of receipt.