No. 35573 (Amendment): Rule R430-6. Background Screening

(Amendment)

DAR File No.: 35573
Filed: 12/23/2011 04:13:39 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this change is to replace outdated language related to statutory penalties for noncompliance, to reflect current state statute.

Summary of the rule or change:

The change removes language related to criminal penalties for rule violations to reflect current state statute.

State statutory or constitutional authorization for this rule:

• Title 26, Chapter 39

Anticipated cost or savings to:

the state budget:

Some state agencies operate or sponsor child care programs. However, because this amendment would not change any of the requirements for child care programs, the Department does not anticipate that this rule will result in any new costs or savings to child care programs operated by state agencies.

local governments:

Some local governments operate or sponsor child care programs. However, because this amendment would not change any of the requirements for child care programs, the Department does not anticipate that this rule will result in any new costs or savings to child care programs operated by state agencies.

small businesses:

Almost all child care facilities are small businesses. However, because this amendment would not change any of the requirements for child care programs, the Department does not anticipate that this rule will result in any new costs or savings to child care programs operated by state agencies.

persons other than small businesses, businesses, or local governmental entities:

Because this rule does not impose any new requirement for child care providers, there is no anticipated compliance costs for affected persons.

Compliance costs for affected persons:

Because this rule does not alter requirements for child care providers, there are no anticipated new costs or savings to entities or persons that are not small businesses.

Comments by the department head on the fiscal impact the rule may have on businesses:

Rules may not impose criminal penalties without legislative authorization. This rule change modifies this rule to comply.

David Patton, PhD, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Health
Family Health and Preparedness, Child Care Licensing
CANNON HEALTH BLDG
288 N 1460 W
SALT LAKE CITY, UT 84116-3231

Direct questions regarding this rule to:

• Teresa Whiting at the above address, by phone at 801-538-6320, by FAX at 801-538-6325, or by Internet E-mail at [e-mail]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

02/14/2012

This rule may become effective on:

03/01/2012

Authorized by:

David Patton, Executive Director

RULE TEXT

R430. Health, Family Health and Preparedness, Child Care Licensing.

R430-6. Background Screening.

R430-6-1. Authority and Purpose.

This rule is promulgated pursuant to Title 26, Chapter 39. It establishes requirements for background screenings for child care programs.

 

R430-6-9. Statutory Penalties.

[(1) A violation of any rule is punishable by administrative civil money penalty of up to $5,000 per day as provided in Utah Code, Title 26, Chapter 39-601 or other civil penalty of up to $5,000 per day or a Class B misdemeanor on the first offense and a Class A misdemeanor on the second offense as provided in Utah Code, Title 26, Chapter 23.

(2) Any person intentionally making false statements or reports to the Department may be fined $100 for each violation to a maximum of $10,000.

(3) Assessment of any civil money penalty does not preclude the Department from also taking action to deny, revoke, condition, or refuse to renew a license or certificate.

(4) Assessment of any administrative civil money penalty under this section does not preclude injunctive or other equitable remedies.](1) A violation of any rule is punishable by an administrative civil money penalty of up to $5,000 per day as provided in Utah Code Section 26-39-601.

(2) Assessment of any civil money penalty does not preclude the Department from also taking action to deny, place on conditional status, revoke, immediately close, or refuse to renew a license or certificate.

(3) Assessment of any administrative civil money penalty under this section does not preclude injunctive or other equitable remedies.

 

KEY: child care facilities

Date of Enactment or Last Substantive Amendment: [January 1, 2010]2012

Notice of Continuation: August 13, 2007

Authorizing, and Implemented or Interpreted Law: 26-39

 

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