§ 151. Licensing and registration; violations
This subchapter shall apply to all licenses, registrations, and applications for licenses
and registrations that the Commissioner or the Department may issue or grant unless
otherwise specifically provided.
(1) The Commissioner shall adopt rules governing applications for and issuance, revocation,
term, and renewal of licenses and registrations. In the rules, the Commissioner may
prescribe standards and conditions to be met, records to be kept, and reports to be
filed. Licenses and registration shall be for a term of one year from issuance unless
otherwise prescribed by rule.
(2) Premises covered by a license or registration may be visited and inspected by the
Department at reasonable hours. A person who accepts a license or registration shall
permit visits and inspections and examinations of the records he or she is required
to keep.
(3) A license or registration may be revoked for cause after hearing and may be suspended
in situations that immediately imperil the health, safety, or well-being of persons
in the care of the licensee or registrant.
(4) Before a license is granted, the Department shall visit and inspect the premises for
which the license is requested and make further inquiry and investigation as the Commissioner
may direct. Before a family child care home registration is granted, the Department
shall make inquiry and investigation. Inquiry and investigation may include a visit
to and inspection of the premises for which the registration is requested. Further
inquiry and investigation may be made as the Commissioner may direct.
(5) Whenever the Attorney General has reason to believe that a facility required by the
Commissioner to be licensed or registered is being operated without such license or
registration, the Attorney General may bring an action for equitable relief in the
name of the State against the operator of such facility to restrain such operation.
The action may be brought in the Superior Court of the county in which the facility
is located. The court is authorized to grant equitable relief to restrain and prevent
such operation.
(6) Any person who violates the terms of an injunction or restraining order issued under
subdivision (5) of this section shall forfeit and pay to the State a civil penalty
of not more than $100.00 for each violation. In such cases, the Attorney General acting
in the name of the State may petition for recovery of such civil penalty.
(7) Whenever the Department determines that a licensed child care facility or registered
family child care home has violated a health or safety rule, the facility or home
shall post the Department’s notice of violation in a conspicuous place in the facility
or home. In the case of a serious violation, as defined by the Department by rule,
the facility or home shall also notify by mail a person responsible for the welfare
of each child attending that facility or home. A serious violation shall include violation
of group size and staffing requirements and any violation involving a situation that
immediately imperils the health, safety, or well-being of persons in the care of the
licensee or registrant. (Added 2013, No. 131 (Adj. Sess.), § 13, eff. May 20, 2014; amended 2021, No. 20, § 277.)