10A N.C. Admin. Code 09 .2216 - AMOUNT OF CIVIL PENALTIES FOR CHILD CARE FACILITIES

(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.

Notes

10A N.C. Admin. Code 09 .2216

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).

Authority G.S. 110-88; 110-90(9); 110-103.1; 143B-168.3;
Eff. January 1, 1989;
Readopted by North Carolina Register Volume 33, Issue 09, November 1, 2018 effective 2/1/2019 (Transferred from 10A NCAC 09 .2209).