North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 09 - CHILD CARE RULES › Section .2200 - ADMINISTRATIVE ACTIONS AND CIVIL PENALTIES › Section 09 .2215 - DENIAL OF A LICENSE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The Secretary
				may deny an application for a child care facility license or the issuance of
				any permit to operate a child care facility under the following circumstances:
(1) if the applicant owned or operated a
				licensed child care facility that was issued a denial, revocation, or summary
				suspension by the Division;
(2) if
				the applicant owned or operated a licensed child care facility against which
				the Division initiated denial, revocation, or summary suspension proceedings
				and the applicant voluntarily relinquished the license prior to the issuance of
				a final action;
(3) during the
				pendency of an appeal of a denial, revocation, or summary suspension of any
				other licensed child care facility license owned or operated by the
				applicant;
(4) if the applicant
				owned or operated a facility that received a sanction for fraudulent
				misrepresentation pursuant to
				10A NCAC
				10.0308 of the Subsidized Child Care
				Rules;
(5) if the applicant owned
				or operated a facility that was issued a Notice of Termination and
				Disqualification by the Child and Adult Care Food Program (CACFP);
(6) if the Division determines that the
				applicant has a relationship with an operator or former operator who owned or
				operated a regulated child care facility as described in Subparagraphs (1)
				through (5) of this Paragraph. As used in this Rule, an applicant has a
				relationship with a former operator if the former owner or operator would be
				involved with the applicant's child care facility in one or more of the
				following ways:
(A) would participate in the
				administration or operation of the facility;
(B) has a financial interest in the operation
				of the facility, as evidenced by, among other things, a familial relationship
				with the former owner or operator, employment at the new facility, and
				ownership of the building or property where the facility is located; or
				entering into a lease for the building;
(C) provides care to children at the
				facility, even as a volunteer;
(D)
				resides in the facility;
(E) has an
				ownership interest in the facility as defined in
				10A NCAC
				09.0102(33); or
(F) would serve on the facility's board of
				directors, be a partner of the corporation, or otherwise have responsibility
				for the administration of the business;
(7) based on the applicant's previous
				non-compliance as an operator with the requirements of G.S. 110, Article 7,
				10A NCAC
				10, or this Chapter;
(8) based on the operator's non-compliance
				with the requirements of G.S. 110, Article 7,
				10A NCAC
				10, or this Chapter, during a temporary
				licensure period;
(9) if abuse or
				neglect or child maltreatment has been substantiated against the applicant
				pursuant to
				G.S.
				7B-101 or
				G.S.
				110-105.5; or
(10) if the applicant is a disqualified child
				care provider or has a disqualified household member residing in the child care
				facility pursuant to
				G.S.
				110-90.2.