008.01
Grounds for Denial or Disciplinary Action:
The Department may deny the issuance of or take disciplinary
action against a license on any of the following grounds:
1. Failure to meet or violation of any of the
requirements of the Child Care Licensing Act or the rules and regulations
adopted and promulgated under the Act;
2. Violation of an order of the Department
under the Act;
3. Conviction of, or
substantial evidence of committing or permitting, aiding or abetting another to
commit, any unlawful act, including, but not limited to, unlawful acts
committed by an applicant or licensee under the act, household members who
reside at the place where the program is provided, or employees of the
applicant or licensee that involve:
a.
Physical abuse of children or vulnerable adults as defined in Neb.
Rev. Stat.
§
28-371;
b. Endangerment or neglect of children or
vulnerable adults;
c. Sexual abuse,
sexual assault, or sexual misconduct;
d. Homicide;
e. Use, possession, manufacturing or
distribution of a controlled substance listed in Neb. Rev.
Stat.
§
28-405;
f. Property crimes, including, but not
limited to, fraud, embezzlement, and theft by deception; and
g. Use of a weapon in the commission of an
unlawful act;
4. Conduct
or practices detrimental to the health or safety of an individual served by or
employed at the preschool;
5.
Failure to allow an agent or employee of the Department access to the program
for the purposes of inspection, investigation, or other information collection
activities necessary to carry out the duties of the Department;
6. Failure to allow state or local
inspectors, investigators, or law enforcement offices access to the program for
the purposes of investigation necessary to carry out their duties;
7. Failure to meet requirements relating to
sanitation, fire safety and building codes;
8. Failure to comply with or violation of the
Medication Aide Act;
9. Failure to
file a report of suspected abuse or neglect as required by Neb.
Rev. Stat.
§
28-372
and
28-711;
10. Violation of any city, village, or county
rules, regulations, or ordinances regulating licensees; or
11. Failure to pay fees required under the
Child Care Licensing Act.
008.02
Types of Disciplinary
Action:
The Department may impose any one or a combination of the
following types of disciplinary action against a license issued under the Child
Care Licensing Act:
1. Issue a
probationary license;
2. Suspend or
revoke a provisional, probationary, or operating license;
3. Impose a civil penalty of up to $5 per
child, based upon the number of children for which the program is authorized to
provide child care on the effective date of the finding of violation, for each
day the program is in violation;
4.
Establish restrictions on new enrollment in the program;
5. Establish restrictions or other
limitations on the number of children or the age of the children served in the
program; or
6. Establish other
restrictions or limitations on the type of service provided by the
program.
5-008.02A
Considerations: In determining the type of disciplinary action to
impose, the Department will consider:
1. The
gravity of the violation, including the probability that death or serious
physical or mental harm will result, the severity of the actual or potential
harm, and the extent to which the provisions of applicable statutes, rules, and
regulations were violated;
2. The
diligence exercised by the program in identifying or correcting the
violation;
3. The degree of
cooperation exhibited by the licensee in the identification, disclosure, and
correction of the violation;
4. Any
previous violations committed by the program; and
5. The financial benefit to the program of
committing or continuing the violation.
5-008.02B
Additional
Action: If the licensee fails to correct a violation or to comply
with a particular type of disciplinary action, the Department may take
additional disciplinary action.
008.03
Unpaid Fines:
Any fine imposed and unpaid under the Child Care Licensing
Act will constitute a debt to the State of Nebraska which may be collected in
the manner of a lien foreclosure or sued for and recovered in any proper form
of action in the name of the State of Nebraska in the district court of the
county in which the program is located. The Department will, within 30 days
after receipt, remit fines to the State Treasurer for credit to the permanent
school fund.
008.04
Department's Emergency Power:
Whenever the Department finds that an emergency exists
requiring immediate action to protect the physical well-being and safety of a
child in the program, the Department may, without notice or hearing, issue an
order declaring the existence of such an emergency and requiring that such
action be taken as it deems necessary to meet the emergency. The order may
include an immediate prohibition on the care of children by the licensee other
than children of the licensee. An order under this subsection will be effective
immediately. Any person to whom the order is directed must comply immediately,
and upon application to the Department, the person will be afforded a hearing
as soon as possible and not later than ten days after his or her application
for the hearing. On the basis of such hearing, the Department will continue to
enforce the order or rescind or modify it.
008.05
Re-Application After
Revocation:
A former licensee whose child care license has been revoked
for any cause other than nonpayment of fees is not eligible to reapply for a
license for two years. The former licensee must:
1. Apply for a provisional license;
2. Meet the requirements for provisional
licensure in 5-003.01; and
3.
Demonstrate to the Department's satisfaction the ability and willingness to
comply with all licensing regulations.
