R430. Health, Health Systems Improvement, Child
R430-4. General Certificate Provisions.
R430-4-1. Legal Authority.
rule is promulgated pursuant to Title 26, Chapter 39.
rule defines the standards that a residential in-home child care provider must
follow to obtain a certificate.]
3]. Initial Application.
(1) An applicant for a certificate shall [
file] a [ Request for Agency
Action -] [ C]ertificate [ A]pplication
[ with the Utah Department of Health ]on a form furnished by the
(2) Each applicant shall comply with all zoning, fire, sanitation, building and licensing
regulations and ordinances, and codes] of the city, county,
municipality in which the home is located.
The applicant shall obtain the
following documents to submit with the application]:
F]ive hours of [ d]epartment-approved
training in child care;
(b) CPR and First Aid certificates; and
documents as required in R430-6.
R430-4-4. Certificate Fee.
The residential provider shall submit a certificate fee
established in accordance with 26-1-6 and 26-39-105.5(1)(b)(i)(B) with the
completed application form.
]R430-4-5. Initial Certificate Issuance or Denial.
(1) The Department shall render a decision on an
initial certificate application within 60 days of receipt of
a completed application[
packet or the Department shall deny an application
not completed within six months of the submission date of the first component
of an application packet].
(2)] Upon verification of compliance with [ certificate
requirements] the Department shall issue a [ Notice of Agency Action -
Letter of Certificate] for a period not to
exceed one year.
(3)] [ If the Department denies a
Request for Agency Action- Certificate Application, the Department shall issue
a written Notice of Agency Decision. An
applicant who was denied a certificate may reapply for a certificate as a new
applicant and must initiate a new request for agency action.]
R430-4-6. Letter of Certificate Provisions.
The Letter of Certificate is not assignable or transferable
and the residential provider shall make the letter available to the public upon
7]. Expiration and Renewal of Certificate.
(1) Each [
of Certificate shall] expir[ e] at midnight[ ,]on the [ last day of the month, 12 months from the
anniversary date of the prior Letter of Certificate], unless previously
revoked by the Department.
(2) The [
child care provider] shall [ file] a [ Request
for Agency Action][ -] [ C]ertificate
[ A]pplication [ form,]applicable fees[ , and
clearances] to the Department 30 days prior to the current certificate
(3) The Department shall renew the Letter of
Certificate upon verification that the provider is in compliance with all
(4) The Department shall not renew a [
Letter of Certificate] for a [ residential child care ]facility
[ who] is no longer providing child care.
8]. Notice of Intent to Inspect.
When the Department issues the
initial Letter of Certificate or the renewal Letter of Certificate the
residential provider will be informed of the requirement for initial inspection
and that the owner will receive a notice prior to the actual inspection.]
R430-4-9. Inspections and Enforcement.
residential certificate child care provider shall receive at least one annual
(2) If a serious
sanitation, fire or health hazards has been found during an inspection, the
Department may, at the option of the residential certificate provider:
(a) Require a
corrective action plan for the serious hazards found and make an unannounced
follow up inspection to determine compliance; or
(b) Inform the
parent's of each child in the care of the provider of the results of the
Department's inspection and the failure of the provider to take corrective
R430-4-10. Sanction Action on Certificate.
The Department may revoke a certificate if the provider
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 in care.
]KEY: child care facilities
August 20, 1998]
Notice of Continuation July 7, 2003