New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 9 - EARLY CHILDHOOD EDUCATION AND CARE › Part 4 - CHILD CARE LICENSING; CHILD CARE CENTERS, OUT OF SCHOOL TIME PROGRAMS, FAMILY CHILD CARE HOMES, AND OTHER EARLY CARE AND EDUCATION PROGRAMS › Section 8.9.4.12 - LICENSING ACTIONS AND ADMINISTRATIVE APPEALS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The licensing
				authority may revoke, suspend, or restrict a license, reduce star status, deny
				an initial or renewal license application, impose monetary sanctions pursuant
				to 7.1.8 NMAC, put in place conditions of operation, issue a cease and desist
				letter, impose other sanctions or requirements against a licensee, or reduce to
				a base level of child care assistance reimbursement a licensee who is in
				receipt of a higher than base level of child care assistance reimbursement, for
				any of the following reasons:
(1) violation
				of any provision of these regulations, especially when the licensing authority
				has reason to believe that the health, safety or welfare of a child is at risk,
				or has reason to believe that the licensee cannot reasonably safeguard the
				health and safety of children;
(2)
				failure to allow access to the licensed premises by authorized representatives
				of the licensing authority;
(3)
				misrepresentation or falsification of any information on an application form or
				any other form or record required by the licensing authority;
(4) allowing any person to be active in the
				child care facility who is or would be disqualified as a direct provider of
				care under the most current version of the background checks and employment
				history verification provisions pursuant to 8.9.6 NMAC; this will include all
				adults and teenaged children living in a family child care or group child care
				home operated in a private residence whether or not they are active in the
				child care operation;
(5) failure
				to timely obtain required background checks;
(6) failure to properly protect the health,
				safety and welfare of children due to impaired health or conduct or hiring or
				continuing to employ any person whose health or conduct impairs the person's
				ability to properly protect the health, safety, and welfare of the
				children;
(7) allowing the number
				of children in the child care facility to exceed its licensed
				capacity;
(8) substantiated abuse
				or neglect of children by an educator, staff member, volunteer, or household
				member as determined by ECECD, CYFD, or a law enforcement agency;
(9) failure to comply with provisions of the
				other related regulations listed in these regulations;
(10) discovery of repeat violations of the
				regulations or failure to correct deficiencies of survey findings in current or
				past contiguous or noncontiguous licensure periods;
(11) discovery of prior revocations or
				suspensions that may be considered when reviewing a facility's application for
				licensure or license renewal;
(12)
				loss of accreditation, regardless of reason, will result in a reduction in star
				status;
(13) possessing or
				knowingly permitting non-prescription controlled substances or illegal drugs to
				be present or sold on the premises at any time, regardless of whether children
				are present;
(14) making false
				statements or representations to the licensing authority with the intent to
				deceive, which the licensee knows, or should know to be false; or
(15) background clearance suspension or
				denial.