10A N.C. Admin. Code 9.2209

Current through Register Vol. 39, No. 9, November 1, 2024

Section 09 .2209 - REVOCATION OF A CHILD CARE FACILITY LICENSE OR AN ORDER TO CEASE OPERATION

Revocation of a child care facility license or an order to cease operation may be issued to an operator in accordance with the factors listed in 10A NCAC 09 .2201(b) for the following reasons:

(1) child maltreatment has occurred in a child care facility and harm occurred as set forth in Rule .2201(c)(2) of this Section;

(2) more than two determinations of child maltreatment have occurred at a child care facility within three years;

(3) violation of any section of G.S. 110, Article 7 or the Rules of this Chapter or 10A NCAC 10 has been willful or continual as evidenced by:

(a) a pattern of noncompliance, and the operator has not made efforts to correct repeated violations or is unable to comply; or

(b) the operator has failed to comply with the terms of a corrective action plan issued with a special provisional or probationary license or notice of compliance;

(4) violation of any section of G.S. 110, Article 7 or the Rules of this Chapter or 10A NCAC 10 is hazardous to the health or safety of children;

(5) the operator fails to comply with an implemented protection plan as set forth in G.S. 110-105.3(e);

(6) the operator falsifies information in violation of G.S. 110-91(14);

(7) the compliance history of the facility drops below the minimum requirement set forth in G.S. 110-90 and the conditions at the facility are hazardous to the health and safety of the children or staff;

(8) receipt of a disapproved sanitation classification that is not corrected with a superior or approved sanitation classification within 12 months of issuance of a Suspension as set forth in Rule .2206 of this Section;

(9) the operator of the child care facility is a corporate entity that has been placed under revenue suspension from the North Carolina Secretary of State that has not been corrected within one year of issuance of a Suspension as set forth in Rule .2206 of this Section; or

(10) the Division has suspended the child care license or notice of compliance and the violation has not been corrected after 12 months. The revocation of a child care facility license or a notice of compliance pursuant to this Section shall not be stayed during the pendency of an appeal.

10A N.C. Admin. Code 09 .2209

Authority G.S. 110-88; 110-90; 110-102.2; 143B-168.3; 150B-3;
Eff. July 1, 1988;
Amended Eff. April 1, 2001; August 1, 1990; November 1, 1989;
Readopted Eff. February 1, 2019 (Transferred from 10A NCAC 09 .2206);
Amended Eff. February 1, 2021.

Authority G.S. 110-88; 110-90; 110-102.2; 143B-168.3; 150B-3;
Eff. January 1, 1986.
Eff. July 1, 1988;
Amended Eff. April 1, 2001; August 1, 1990; November 1, 1989;

Readopted by North Carolina Register Volume 33, Issue 09, November 1, 2018 effective 2/1/2019 (Transferred from 10A NCAC 09 .2206).

Amended by North Carolina Register Volume 35, Issue 17, March 1, 2021 effective 2/1/2021.

Amended by North Carolina Register Volume 38, Issue 15, February 1, 2024 effective 1/1/2024.