10A NCAC 09 .0401. PROVISIONAL LICENSES FOR FACILITIES

(a)  A provisional license may be issued in accordance with the provisions of G.S. 110‑88(6) for any period of time not to exceed twelve consecutive months for any of the following reasons:

(1)           To allow a specific time period for correcting a violation of the building, fire, or sanitation requirements, provided that the appropriate inspector documents that the violation is not hazardous to the health or safety of the children but nevertheless necessitates a provisional classification until corrected.

(2)           To allow a specific time period for the facility to comply fully with all licensing requirements other than building, fire, or sanitation, and to demonstrate that compliance will be maintained, provided that conditions at the facility are not hazardous to the health or safety of the children or staff.

(3)           To allow time for the applicant or licensee to obtain a declaratory ruling pursuant to Section .2000 of this Subchapter.

(4)           As a possible administrative action for substantiation of child abuse or neglect.

(b)  The provisional license may be issued upon the Division's determination that the applicant or licensee is making a reasonable effort to conform to such requirements.

(c)  The provisional license and the document describing the reasons for its issuance shall be posted in a prominent place in the facility that parents are able to view daily.

(d)  A licensee may obtain an administrative hearing on the issuance of a provisional license in accordance with Section .2200 of this Chapter.

 

History Note:        Authority G.S. 110‑88(6); 110-99; 143B‑168.3;

Eff. January 1, 1986;

Amended Eff. July 1, 1998; April 1, 1992; August 1, 1990; July 1, 1988; January 1, 1987.