26-39-601. License violations — Penalties.
- (1) The department may deny or revoke a license and otherwise invoke disciplinary penalties if it finds:
- (a) evidence of committing or of aiding, abetting, or permitting the commission of any illegal act on the premises of the child care facility;
- (b) a failure to meet the qualifications for licensure; or
- (c) conduct adverse to the public health, morals, welfare, and safety of children under its care.
- (2) The department may also place a department representative as a monitor in a facility, and may assess the cost of that monitoring to the facility, until the licensee has remedied the deficiencies that brought about the department action.
- (3) The department may impose civil monetary penalties in accordance with Title 63G, Chapter 4, Administrative Procedures Act, if there has been a failure to comply with the provisions of this chapter, or rules made pursuant to this chapter, as follows:
- (a) if significant problems exist that are likely to lead to the harm of a qualifying child, the department may impose a civil penalty of $50 to $1,000 per day; and
- (b) if significant problems exist that result in actual harm to a qualifying child, the department may impose a civil penalty of $1,050 to $5,000 per day.
Renumbered and Amended by Chapter 111, 2008 General Session
Amended by Chapter 382, 2008 General Session