391 Neb. Admin. Code, ch. 3, § 008

Current through September 17, 2024

Section 391-3-008 - DENIAL AND DISCIPLINARY ACTIONS

008.01Grounds 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 program;

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.

008.02Types 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.

3-008.02A 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.

3-008.02BAdditional 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.

008.03Unpaid 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 is 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.

008.04Department'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.

008.05Re-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 3-003.01; and

3. Demonstrate to the Department's satisfaction the ability and willingness to comply with all licensing regulations.

391 Neb. Admin. Code, ch. 3, § 008