R430-50-5. Rule Violations and Penalties

  (1) The Department may place a program's child care certificate on a conditional status for the following causes:

  (a) chronic, ongoing noncompliance with rules;

  (b) unpaid fees; or

  (c) a serious rule violation that places children's health or safety in immediate jeopardy.

  (2) The Department shall establish the length of the conditional status and set the conditions that the child care provider shall satisfy to remove the conditional status.

  (3) The Department may increase monitoring of the program that is on conditional status to verify compliance with rules.

  (4) The Department may deny or revoke a certificate if the child care provider:

  (a) fails to meet the conditions of a certificate on conditional status;

  (b) violates the Child Care Licensing Act;

  (c) provides false or misleading information to the Department;

  (d) misrepresents information by intentionally altering a certificate or any other document issued by the Department;

  (e) refuses to allow authorized representatives of the Department access to the facility to ensure compliance with rules;

  (f) refuses to submit or make available to the Department any written documentation required to verify compliance with rules;

  (g) commits a serious rule violation that results in death or serious harm to a child, or that places a child at risk of death or serious harm; or

  (h) has committed an illegal act that would exclude a person from having a certificate.

  (5) Within 10 working days of receipt of a revocation notice, the provider shall submit to the Department the names and mailing addresses of the parents of each enrolled child so the Department can notify the parents of the revocation.

  (6) The Department may order the immediate closure of a facility if conditions create a clear and present danger to any child in care and may require immediate action to protect their health or safety.

  (7) Upon receipt of an immediate closure notice, the provider shall give the Department the names and mailing addresses of the parents of each enrolled child so the Department can notify the parents of the immediate closure.

  (8) If there is a severe injury or the death of a child in care, the Department may order the child care provider to suspend services and/or prohibit new enrollments, pending a review by the Child Fatality Review Committee or a determination of the probable cause of death or injury by a medical professional.

  (9) If a person is providing care for more than 4 unrelated children without the appropriate certificate, the Department may:

  (a) issue a cease and desist order, or

  (b) allow the person to continue operation if:

  (i) the person was unaware of the need for a certificate or a license,

  (ii) conditions do not create a clear and present danger to the children in care, and

  (iii) the person agrees to apply for the appropriate certificate or license within 30 calendar days of notification by the Department.

  (10) If a person providing care without the appropriate certificate agrees to apply for a certificate but does not submit an application and all required application documents within 30 days, the Department may issue a cease and desist order.

  (11) 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.

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

  (13) Assessment of any administrative civil money penalty under this section does not prevent court-ordered or other equitable remedies.

  (14) The Department may deny an application or revoke a certificate for failure to pay any required fees, including fees for applications, late fees, returned checks, certificate changes, additional inspections, conditional monitoring inspections, background checks, civil money penalties, and other fees assessed by the Department.

  (15) An applicant or provider may appeal any Department decision within 15 working days of being informed in writing of the decision.