R430. Health, Health Systems Improvement, Child
R430-3. General Child Care Facility Rules Inspection
R430-3-1. Legal Authority.
rule is adopted pursuant to Title 26, Chapter 39.
This rule delineates the role and responsibility of the
Department in the enforcement of rules pertaining to health and safety in all
child care facilities regulated by Title 26, Chapter 39. These provisions provide criteria to ensure
that sanctions are applied consistently and appropriately.]
R430-3-3. Statement of Findings.
Department may inspect each licensed facility at least once during each year to
determine compliance with the applicable rules.
(2) If the
Department has reason to believe that a child care facility is in violation of
Title 26, Chapter 39, or any of the rules governing child care, the Department
shall serve a written Statement of Findings to the licensee or his designee.
Statements for Class I and III violations shall be served within 24 hours.
Statements for Class II violations shall be served within ten working days.
shall be classified as Class I, Class II, and Class III violations.
(a) "Class I
Violation" means any violation of a statute or rule relating to the
operation or maintenance of a child care facility which presents imminent
danger to children in the facility, or which presents a clear hazard to the
II Violation" means any violation of a statute or rule relating to the
operation or maintenance of a child care facility which has a direct or
immediate relationship to the health, safety, or security of children in a
child care facility.
III Violation" means establishing, conducting, managing, or operating a
child care facility regulated under Title 26, Chapter 39 and this rule without
a license or with an invalid license.
Department may cite a facility with one or more violations.
(5) The Statement
of Findings shall include:
(a) The statute
or rule violated,
(b) a description
of the violation,
(c) the facts
which constitute the violation, and
classification of the violation.
R430-3-4. Plan of Correction.
(1) A child care
facility shall, within 14 calendar days of the receipt of a Statement of
Findings, submit a plan outlining the following:
(a) How the
required corrections shall be accomplished.
(b) Who is the
responsible person to monitor whether the correction is accomplished;
(c) The date by
which the facility shall make the correction.
(2) Within ten
working days of receipt of the Plan of Correction, the Department shall make a
determination as to the acceptability of the plan of correction.
(3) If the
Department rejects the Plan of Correction, the Department shall notify the
facility of the reasons for rejection and may request a revised Plan of
Correction or issue a Notice of Agency Action directing a Plan of Correction
and imposing a deadline for the correction.
The facility shall submit a revised plan of correction within 14 days of
receipt of a request.
(4) If a facility
corrects a violation before the deadline for submission and approval of a Plan
of Correction, the facility shall submit a report of correction.
(5) If a facility
seeks review of the statement of findings, it is not required to submit a plan
of correction during the review period.
R430-3-5. Corrective Action Required for Class I
(1) If the
Department issues a Class I violation to a licensed or unlicensed child care
facility, the facility shall abate or eliminate the situation, condition, or practice
constituting the Class I violation within a fixed period of time for the
correction that is specified in the Plan of Correction.
Department shall conduct a follow-up inspection within 14 calendar days or
within the agreed-upon correction period to determine correction of Class I
R430-3-6. Corrective Action Required for Class II
(1) A facility
served with a Statement of Findings citing a Class II violation shall correct
the violation within the time specified in the Plan of Correction or within a
time approved by the Department, but not to exceed 60 days from the issue date.
(2) The facility
shall submit justification to the Department for corrections that take longer
than 60 days, for consideration of approval by the Department.
Department may issue a conditional license or impose sanctions to the license
or close the facility if a facility is cited with a Class II violation and
fails to take required corrective action.
R430-3-7. Failure to Correct Class III Violations.
(1) If the
Department serves a Statement of Findings for a Class III violation, the
facility shall file a Request for Agency Action/License Application form within
14 days and pay the required licensing fee.
(a) If the
facility fails to submit the request as specified, the Department shall order
closure of the facility.
(b) If the
Executive Director determines that the lives, health, or safety of the children
cannot be adequately assured pending application and licensure or an adjudicative
proceeding to determine whether a license is necessary, he may order immediate
closure of the facility.
R430-3-8. Sanction Action on License.
Department may initiate an action against a child care facility pursuant to
Section 26-39-108. That action may
(a) Denial or
revocation of a license if the facility fails to comply with R430-6, R430-60,
R430-90, or R430-100, exhibits evidence of aiding, abetting or permitting the
commission of any illegal act, or demonstrates conduct adverse to the public
health, morals, welfare, and safety of the children under its care.
or prohibition on new admissions to a child care facility for:
(i) violation of
any provision under these rules; or
aiding, or abetting the commission of any illegal act in the child care
of a notice of public disclosure to at least one newspaper of general
circulation or other media form stating the violation of licensure rules or
illegal conduct permitted by the facility and the agency action taken.
(d) Placement of
Department employees or agents as monitors in the facility until corrective
action is completed.
(e) Assessment of
the cost incurred by the Department in placing the monitors.
(f) Assessment of
monetary penalties that must be paid by the facility.
R430-3-9. Immediate Closure of Facility.
Department may order the immediate closure of any licensed or unlicensed child
care facility if the health or safety of the children is in immediate jeopardy
during the course of adjudicative proceedings.
(2) If the
Department orders immediate closure of a facility, it shall serve an order that
the facility is ordered closed as of a given date.
(3) The Department
may maintain an action in the name of the state for injunction or other process
against the child care facility which disobeys a closure order.
Department may assist in relocating children to another licensed facility.
R430-3-10. Statutory Penalties.
A violation of this rule is punishable by administrative
civil monetary penalty of up to $5,000 per day as provided in Utah Code Section
26-39-108 or other civil penalty of up to $5,000 per day or a class B
misdemeanor on the first offense and a class A misdemeanor on the second
offense as provided in Utah Code, Title 26, Chapter 23.]
KEY: child care facilities
June 20, 2002]
Notice of Continuation
December 19, 2002