Current through Register Vol. 39, No. 6, September 16, 2024
(a) The amount of the penalty assessed to an
operator shall be based upon the following:
(1) willful or negligent noncompliance by the
operator;
(2) extent of deviation
from the rule or law;
(3) evidence
of effort to comply;
(4) harm or
risk of harm to children; and
(5)
any other factors relevant to the situation.
(b) A separate penalty may be imposed for
each violation.
(c) A civil penalty
in an amount up to one thousand dollars ($1,000) may be imposed for the
following violations:
(1) Noncompliance with
the rules and laws for:
(A) staff-child
ratios;
(B) adequate supervision of
children;
(C) transportation of
children;
(D) use of swimming pools
and other swim areas;
(E)
administration of medication;
(F)
discipline, nurture, or care of children; or
(G) medical action plan
requirements;
(2)
Disapproved fire safety, building or sanitation inspection reports;
(3) Exceeding licensed capacity of center, or
use of unauthorized space;
(4)
Change of ownership or relocation of center without prior notification to the
Division;
(5) Determination of
child maltreatment at the center as set forth in
G.S.
110-105.3;
(6) Willful, repeated noncompliance with any
requirement; or
(7) Denial of entry
to a representative of the Department or Division.
(d) A civil penalty in an amount up to five
hundred dollars ($500.00) may be imposed for the following violations:
(1) Noncompliance with the rules and laws
for:
(A) staff health requirements;
(B) staff qualifications;
(C) children's health requirements;
(D) proper nutrition;
(E) sanitation and personal hygiene
practices;
(F) indoor or outdoor
space;
(G) emergency medical plan;
or
(2) Failure to comply
with a corrective action plan.
(e) A civil penalty in an amount up to two
hundred fifty dollars ($250.00) may be imposed for the following violations:
(1) Noncompliance with the rules and laws
for:
(A) safe environment;
(B) age-appropriate activities; or
(C) staff development;
(2) Failure to post current child care
license or notice of compliance to operate a child care center; or
(3) Failure to maintain records as set forth
in Rule.2318 of this Chapter.
Authority
G.S.
110-88;
110-90(9);
110-103.1;
143B-168.3;
Eff.
January 1, 1989;
Readopted Eff. February 1, 2019 (Transferred from
10A NCAC
09 .2209).
