Current through 2024-38, September 18, 2024
The Department may take one or more of the following measures
to address violations of this rule or applicable statutes.
A.
Directed plan of action.
Failure to complete or comply with a plan of action will result in the
Department issuing a directed plan of action to the licensee. The directed plan
of action will specify the actions that must be completed in order to comply
with this rule, along with a timeline for each action. The Department may
direct any licensee to correct any violations in a manner, and within a time
frame, that the Department determines is appropriate to ensure compliance with
this rule or to protect the health and safety of children.
B.
Restrictions. As part of a
directed plan of action, the Department may require the following:
1. To stop all new admissions until the
Department determines that the licensee has corrected all violations that
resulted in the order.
2. To reduce
the capacity of the licensee until the Department determines that the licensee
has corrected all violations that resulted in the order.
C.
Administrative fines. If the
licensee does not complete corrective action for violation(s) within the
Department's timelines, then the Department may assess administrative fines in
accordance with the schedule of fines outlined in this rule.
1. The Department may only assess
administrative fines after it issues an inspection report, and after the
licensee fails to comply with a directed plan of action or any subsequent
Department requirements related to the directed plan of action.
2. An administrative fine may be assessed for
a violation, or a failure to comply with the Department, that constituted
noncompliance with statutes or this rule at the time it occurred.
3. An administrative fine is issued via a
Notice of Fine. The notice will describe each violation, the rule or statute
that has been violated and any scheduled amount of administrative fine
corresponding to that violation.
4.
The Department has established the following schedule of administrative fines
for licensees failing to correct violations by the Department's timeline
pursuant to
22 M.R.S.
§7702-A:
|
a. Non-critical violation: |
$100.00 per violation. |
|
b. Critical violation (as defined in Section 1(A) (7)
): |
$250.00 per violation. |
5.
The Department may assess administrative fines up to $500 per
inspection.
6. Licensees are
required to pay the Department the amount of the administrative fine within 30
days of receipt of the notice of fine. If the licensee has not paid the total
fines due before license renewal, then the Department may deny the license
renewal application.
7. Imposing an
administrative fine is not deemed, in any way, to extend any deadline for
compliance.
D.
Conditional license. The Department may issue a conditional
license, in accordance with
22 M.R.S.
§7802(1)(C). The notice
of conditional license will include a directed plan of action.
E.
Suspension of a license. The
Department may suspend or seek to suspend a license as follows:
1. The Department's Commissioner may suspend
a license on an administrative basis by issuing an order of closure when
conditions are found which, in the opinion of the Department, immediately
jeopardize the health and safety of children.
2. The order of closure may last for up to
ten days in accordance with
22
MRS 83015) , pending further investigation or
prior to obtaining an order of emergency suspension from the court.
3. The Department may seek an emergency
suspension in accordance with
4 M.R.S.
§184 when conditions are found which, in
the opinion of the Department, immediately endanger the health or safety of
children.
F.
Referral to the Office of the Attorney General. A licensee with
violations may be referred to the Office of the Attorney General for
appropriate civil action, if they fail to comply with Department timelines,
including payment of fines, during enforcement.
1. The Department may pursue civil fines in
accordance with
22 M.R.S.
§7702-A, §
7702-B,
or any other relevant section of the Maine Revised Statutes.
2. The Department may seek injunctive relief
to require compliance, in accordance with
22
M.R.S.
§8301-A(7).
G.
Refusal to issue or renew
a license. The Department may refuse to issue or renew a license when a
licensee fails to comply with applicable laws and rules.
H.
Revocation. The Department
may revoke a full or temporary license for violation of applicable laws and
rules for committing, permitting, aiding or abetting any illegal practices in
the operation of the child care or for conduct, or practices detrimental to the
welfare of children attending the child care in accordance with
22 M.R.S.
§7802(3)(D).
I.
Void. The Department may void
a conditional license when the licensee fails to comply with the conditions of
the license.
J.
Right to
appeal. Appeals by a licensee are limited to appeals contending that a
decision by the Department misapplies applicable laws, procedures or rules.
1. The licensee shall address a request for
an administrative hearing in accordance with the instructions provided in any
action taken by the Department that is subject to the right of appeal.
a. The request shall state the specific
issue(s) being appealed.
b. The
request must be made within 30 days of receipt of notice of an action subject
to the right of appeal in accordance with
22 M.R.S.
§7802.
c. The following actions are subject to the
right of appeal:
i. Issuance of a conditional
license;
ii. Amendment or
modification of a license;
iii.
Voiding of a conditional license;
iv. Refusal to issue or renew a full
license;
v. Administrative fines;
or
vi. The denial of a waiver
request.
d. Actions
subject to the right to appeal shall be stayed until the Department makes a
final agency decision, unless the license is suspended under Section 20(E) or
(F).
2. The hearing will
be conducted pursuant to the Department's Administrative Hearings Regulations
at 10-144 C.M.R. Ch. 1, and in conformity with Maine's Administrative
Procedure Act at 5 M.R.S. Ch. 375.
3. An aggrieved party may appeal a final
agency action to Superior Court in accordance with 5 M.R.S. Ch. 375, Subchapter
7.
