10A NCAC 09 .2201. ADMINISTRATIVE PENALTIES: GENERAL PROVISIONS

(a)  Pursuant to G.S. 110-102.2, the secretary or designee may order one or more administrative penalties against any operator who violates any provision of Article 7 of Chapter 110 of the General Statutes or of this Chapter.

(b)  Nothing in this Section shall restrict the Secretary from using any other statutory or civil penalty available.  A civil penalty in accordance with G.S. 110-103.1 and Section .2200 of this Chapter may be imposed in conjunction with any other administrative activity.

(c)  The issuance of an administrative penalty may be appealed pursuant to G.S. 150B-23.

(d)  Following the substantiation of any abuse or neglect complaint or the issuance of any administrative action against a child care facility, the operator shall:

(1)           maintain copies of documentation of the substantiated complaint investigation or the administrative action issued against the facility for the past three years in a binder, which is accessible to parents;

(2)           within 30 days, notify the parents of the children currently enrolled that a complaint was substantiated or that an administrative action was taken against the facility, including administrative actions that may be stayed pending appeal.  The notice shall:

(A)          be in writing;

(B)          include information on the nature of the substantiated complaint or the type of administrative action taken; and

(C)          state where the binder containing copies of the substantiated complaint investigation or administrative action may be found on site for review by the parents; and

(3)           document the date that the written notice was given to all parents and have parents sign an acknowledgement that they have received said notice.

 

History Note:        Authority G.S. 110-85; 110-102.2; 110-103.1; 143B-168.3; 150B-23;

Eff. July 1, 1988;

Amended Eff. July 1, 2010; January 1, 2006; April 1, 2001; November 1, 1989.