Louisiana Administrative Code
Title 28 - EDUCATION
Part CLXI - Bulletin 137-Louisiana Early Learning Center Licensing Regulations
Chapter 11 - Operating Violations and Incidents; Fines; Appeals
Section CLXI-1105 - Identified Violations and Fines

Universal Citation: LA Admin Code CLXI-1105

Current through Register Vol. 50, No. 9, September 20, 2024

A. For violations related to the following licensing standards, when such violation does not pose an imminent threat to the health, safety, rights, or welfare of a child, the department may issue a written warning in lieu of revoking or refusing to renew the license:

1. Supervision (§1713);

2. CCCBC-based determination of eligibility for child care purposes (§1807);

3. child to staff ratios (§1711);

4. motor vehicle passenger checks (§2107); and 5 failure to report critical incidents (§1103).

B. Where such a violation does not result in the revocation of or refusal to renew a license, the LDE may issue a written warning/notice of violation of the standards listed in Subsection A of this Section that may include:

1. a corrective action plan (CAP) that outlines the required actions which shall be implemented or completed immediately; and

2. notice that failure to timely take the required action may result in the assessment of a civil fine or the revocation of or refusal to renew the license, or both.

C. SSecond Violation or Deficiency. If the CAP is not timely implemented or if a second violation related to the same standard occurs within a 24-month period and does not result in the revocation of or refusal to renew a license, the department may issue a written notice of violation that:

1. may include the requirement to take additional corrective action; and

2. may include the assessment of a civil fine of up to $250 per day for each day of the violation, not to exceed $2,000 within a consecutive 12-month period; and
a. the factors to be used in determining the type of sanction imposed include the severity of the risk, actual harm and mitigating circumstances, failure to implement a corrective action plan, history of noncompliance, continuing and repeat deficiencies, good-faith effort to comply and any other relevant factors;

3. shall include notice of the right to request departmental reconsideration if a civil fine/sanction is assessed; and that failure to request departmental consideration shall result in the loss of any further right to appeal the civil fine/sanction.

AUTHORITY NOTE: Promulgated in accordance with R.S. 17:6 and 17:407.46.

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