Child Care Licensing

Handbook Revision, August, 2015

This revision of the Licensing Policy and Procedures Handbook was published on August 24, 2015, to correspond with a CLASS application update. Summaries of new or revised items are provided below.

Administrative Penalty Policy (PATS 8242)

The administrative penalty section of the LPPH has been replaced in its entirety to update policy, procedures, and incorporate new CLASS functionality.

Display of Revisions with Significant Changes Highlighted (Word Document)

See:

4161.24 Technical Assistance for High Risk Violations [new item]

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7510 Legal Basis to Impose Administrative Penalties

7511 Imposing an Administrative Penalty Before Taking a Corrective Action

7512 Imposing an Administrative Penalty After Taking a Corrective Action

7520 Assessing the Need for an Administrative Penalty

7521 A Single High Risk Violation

7521.1 A Single High Risk Violation of Background Check Requirements

7522 Repeated High Risk Violations

7522.1 Repeated Violations of Background Check Requirements

7530 Recommending the Administrative Penalty

7531 When to Recommend the Administrative Penalty

7531.1 When the Violation is Corrected at the Time of the Inspection

7531.2 When the Violation is Not Corrected During the Inspection

7532 How to Document the Recommendation to Impose the Administrative Penalty

7532.1 Determining the Maximum Daily Penalty Amount

7532.11 Determining the Operation’s Capacity

7532.12 Determining the Number of Days to Impose an Administrative Penalty

7532.13 Submitting the Recommendation to the Supervisor

7533 Supervisor and Legal Review of the Recommendation to Impose an Administrative Penalty

7533.1 Supervisor and Legal Agree With the Recommendation

7533.2 Legal Agrees With the Recommendation

7533.3 Supervisor or Legal Disagree With the Recommendation

7534 Sending Notification of the Recommendation to Impose an Administrative Penalty

7535 Reviewing the Status of Administrative Reviews for Minimum Standard or Rule Violations Identified in the Administrative Penalty

7535.1 Actions to Take if Any, But Not All, Violation Identified in the Administrative Penalty is Overturned During the Administrative Review

7535.2 Actions to Take if All Violations Identified in the Administrative Penalty are Overturned During the Administrative Review

7540 Issuing the Order to Pay an Administrative Penalty

7541 When to Send the Order to Pay the Administrative Penalty

7543 Processing the Order to Pay the Administrative Penalty

7550 Due Process Rights for Administrative Penalties

7551 Determining Whether a Request for a Due Process Hearing Meets the Due Date

7552 Processing the Outcome of a Due Process Hearing for an Administrative Penalty

7552.1 Due Process Hearing Upholds the Decision to Impose the Administrative Penalty

7552.2 Due Process Hearing Overturns the Decision to Impose the Administrative Penalty

7553 The Right to Request a Judicial Review of an Administrative Penalty

7553.1 If the Right to a Judicial Review is Waived

7553.2 If a Judicial Review is Requested

7553.21 Documenting the Outcome of the Judicial Review

7560 Payment and Nonpayment of Administrative Penalties

7561When Administrative Penalties Remain Unpaid

7561.1 Nonpayment Due to Insufficient Funds

7561.2 Nonpayment of Administrative Penalties for Reasons Other than Insufficient Funds

7561.3 Closing an Unpaid Administrative Penalty

The section below has been replaced entirely with the items listed above.

7510 Evaluating the Need for Administrative Penalties

7511 Violations for Which Administrative Penalties May Be Assessed

7512 Alternatives to Imposing Administrative Penalties

7513 Decision Guide for Imposing Administrative Penalties

7520 Assessing Administrative Penalties

7521 Administrative Penalties Fee Chart

7521.1 Definition of Widespread

7521.2 Definition of Pattern

7530 Recommending the Administrative Penalty

7540 Notifying the Operation and Imposing the Administrative Penalty

7541 Notification of the Administrative Penalty

7542 Content of the Administrative Penalty Notification

7543 Imposing the Administrative Penalty

7544 Rescinding an Administrative Penalty

7550 Request for an Appeal

7551 SOAH Hearing

7552 Acting on the ALJ’s Order

7553 If the Penalty is Not Paid

7554 Documentation

A cross-reference has been redirected in:

5380 Determining Compliance With Background Check Requirements