North Dakota Administrative Code
Title 75 - Department of Human Services
Article 75-03 - Community Services
Chapter 75-03-11.1 - Preschool Early Childhood Services
Section 75-03-11.1-29 - Correction of violations

Universal Citation: ND Admin Code ยง 75-03-11.1-29

Current through Supplement No. 394, October, 2024

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.

General Authority: NDCC 50-11.1-08

Law Implemented: NDCC 50-11.1-01, 50-11.1-07.1, 50-11.1-07.2, 50-11.1-07.3

Disclaimer: These regulations may not be the most recent version. North Dakota may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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