Utah State Bulletin, January 15, 2012, Vol. 2012, No. 2

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NOTICES OF PROPOSED RULES DAR File No. 35580(c) verify compliance with variance conditions.(2) If allegations of rule violations are reported to theDepartment, the Department shall conduct a complaintinvestigation.(a) The Department shall not investigate complaints froman anonymous source.(b) The Department shall inform complainants that theyare guilty of a class B misdemeanor if they are giving falseinformation to the Department with the purpose of inducing achange in a licensing status.R430-3-5. Technical Assistance.If the Department finds a deficiency that does not pose ahigh risk for harm:(1) the Department shall offer technical assistance; and(2) the licensee shall provide a date by which correctionmust be made.(a) The correction date shall not exceed 30 days from thedate of the inspection.(b) The licensee may request a correction date of morethan 30 days if circumstances outside the licensee's control preventcompliance within 30 days.R430-3-6. Statement of Findings.(1) If a licensee does not correct a deficiency by thecorrection date provided in R430-3-5(2), the Department shall issuea statement of findings that includes:(a) a citation to the violated rule;(b) a description of the violation with the facts whichconstitute the violation; and(c) the date by which correction must be made.(i) The correction date shall not exceed 30 days from thedate of the subsequent inspection.(ii) The licensee may request a correction date of morethan 30 days if circumstances outside the licensee's control preventcompliance within 30 days.(2) If a licensee violates a rule for which the licenseepreviously received technical assistance, the Department shall issuea statement of findings that includes:(a) a citation to the violated rule;(b) a description of the violation with the facts whichconstitute the violation; and(c) the date by which the correction must be made.(i) The correction date shall not exceed 30 days from thedate of the inspection.(ii) The licensee may request a correction date of morethan 30 days if circumstances outside the licensee's control preventcompliance within 30 days.(3) If a licensee violates a rule that creates a high risk forharm, the Department shall issue a statement of findings thatincludes:(a) a citation to the violated rule;(b) a description of the violation with the facts whichconstitute the violation; and(c) the date by which the correction must be made whichshall not exceed 30 days from the date of the inspection.R430-3-7. Directed Plan of Correction.The Department may issue a directed plan of correctionthat specifies how and when cited findings will be corrected if alicensee:(1) fails to comply by the correction date specified inR430-3-6; or(2) violates the same rule provision more than three timeswithin any 12-month period.R430-3-8. Conditional Status.(1) The Department may place a license on a conditionalstatus to assist the licensee to comply with rules if the licensee:(a) fails to comply with rules by correction date specifiedin R430-3-6;(b) violates the same rule provision more than three timeswithin any 12-month period; or(c) violates multiple rule provisions.(2) The Department shall establish the length of theconditional status.(3) The Department shall set the conditions that thelicensee must satisfy to remove the conditional status.(4) The Department shall return the license to a standardstatus when the licensee meets the conditions of the conditionalstatus.R430-3-9. Revocation.(1) The Department may revoke a license if the licensee:(a) fails to meet the conditions of a conditional status;(b) violates the Child Care Licensing Act;(c) provides false or misleading information to theDepartment;(d) refuses to submit or make available to the Departmentany written documentation required to do an inspection orinvestigation;(e) refuses to allow authorized representatives of theDepartment access to a facility to ascertain compliance to rules;(f) fails to provide, maintain, equip, and keep the facilityin a safe and sanitary condition; or(g) has committed acts that would exclude a person frombeing licensed or certified under R430-6.(2) The Department may set the effective date of therevocation such that parents are given 10 business days to find othercare for children.R430-3-10. Immediate Closure.The Department may order the immediate closure of afacility if conditions create a clear and present danger to children incare and which require immediate action to protect their health orsafety.R430-3-11. Death or Serious Injury of a Child in Care.The Department may order a provider to restrict orprohibit new enrollments if the Department learns of the death orserious injury of a child in care, pending the review of the ChildFatality Review Committee or receipt of a medical reportdetermining the probable cause of death or injury.44 UTAH STATE BULLETIN, January 15, 2012, Vol. 2012, No. 2
DAR File No. 35580NOTICES OF PROPOSED RULESR430-3-12. Operating without a License.If a person is providing care in lieu of care ordinarilyprovided by parents for more than four unrelated children withoutthe appropriate license or certificate, the Department may:(1) issue a cease and desist order; or(2) allow the person to continue operation if:(a) the person was unaware of the need for a license orcertificate;(b) conditions do not create a clear and present danger tochildren in care; and(c) the person agrees to apply for the appropriate licenseor certificate within 30 calendar days of notification by theDepartment.R430-3-13. Deemed Status.The Department may grant deemed status to facilitiesaccredited by the National Academy of Early Childhood Programsor National Accreditation Commission for Early Care andEducation Programs, National Association for Family Child Care orNational Early Childhood Program Accreditation or the NationalAfter School Association in lieu of the licensing inspection by theDepartment upon completion of the following:(1) As part of the license renewal process, the licenseemust indicate on the license application its desire to initiate orcontinue deemed status.(2) This request constitutes written authorization for theDepartment to attend the provider's exit conference with theaccrediting agency.(3) Upon receipt from the accrediting agency, the licenseeshall submit copies of the following:(a) accreditation certificate;(b) survey reports and recommendations; and(c) progress reports of all corrective actions underway orcompleted in response to the accrediting body's action orDepartment recommendations.(4) The Department may exercise its regulatoryresponsibility and authority regardless of the facility's deemedstatus.R430-3-14. Variances.(1) If a licensee or applicant cannot comply with a rulebut can meet the intent of the rule in another way, he may apply fora variance to that rule. The Department cannot issue a variance tothe background screening requirements of Section 26-39-107 andR430-6.(2) A licensee or applicant requesting a variance shallsubmit a completed variance request form to the Department. Therequests must include:(a) the name and address of the facility;(b) the rule from which the variance is being sought;(c) the time period for which the variance is beingsought;(d) a detailed explanation of why the rule cannot be met;(e) the alternative means for meeting the intent of therule;(f) how the health and safety of the children will beensured; and(g) other justification that the licensee or applicant desiresto submit.(3) The Department may require additional informationbefore acting on the request.(4) The Department shall act upon each request for avariance within 60 days of the receipt of the completed request andall additional information required by the Department.(5) If the Department approves the request, the licenseeshall keep a copy of the approved variance on file in the facility andmake it publicly available.(6) The Department may grant variances for up to 12months.(7) The Department may impose health and safetyconditions upon granting a variance.(8) The Department may revoke a variance if:(a) the provider is not meeting the intent of the variedrule by the documented alternative means;(b) the facility fails to comply with the conditions of thevariance; or(c) a change in statute, rule, or case law affects thejustification for the variance.R430-3-15. Statutory Penalties.(1) A violation of any rule is punishable by administrativecivil money penalty of up to $5,000 per day as provided in UtahCode Section 26-39-108 or other civil penalty of up to $5,000 perday or a class B misdemeanor on the first offense and a class Amisdemeanor on the second offense as provided in Utah Code, Title26, Chapter 23.(2) The Department may impose an administrative civilmoney penalty of up to $100 per day to a maximum of $10,000 forunlicensed or uncertified child care.(3) The Department may impose an administrative civilmoney penalty of up to $100 per day to a maximum of $10,000 foreach violation of the Child Care Licensing Act or the rulespromulgated pursuant to that act.(4) Any person intentionally making false statements orreports to the Department may be fined $100 for each violation to amaximum of $10,000.(5) Assessment of any civil money penalty does notpreclude the Department from also taking action to deny, revoke,condition, or refuse to renew a license or certificate.(6) Assessment of any administrative civil money penaltyunder this section does not preclude injunctive or other equitableremedies.(7) Within 10 working days after receipt of a negativelicensing action or imposition of a fine, each child care programmust provide the Department with the names and mailing addressesof parents or legal guardians of each child cared for at the facility sothe Department can notify the parents and guardians of the negativelicensing action.KEY: child care facilitiesDate of Enactment or Last Substantive Amendment: February6, 2006Notice of Continuation: August 13, 2007Authorizing, and Implemented or Interpreted Law: 26-39]UTAH STATE BULLETIN, January 15, 2012, Vol. 2012, No. 2 45
Page 1: UTAH STATEBULLETINOFFICIAL NOTICES
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NOTICES OF 120-DAY (EMERGENCY) RULE
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NOTICES OFRULE EFFECTIVE DATESState
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2012 RULES INDEXBY AGENCY (CODE NUM
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2011 COMPLETE RULES INDEXBY AGENCY
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RULES INDEXAnimal IndustryR58-1 Adm
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RULES INDEXR162-2c-204 License Rene
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RULES INDEXR277-115 Copyrighting Ma
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RULES INDEXRehabilitationR280-204 U
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RULES INDEXR315-17 End of Life Auto
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RULES INDEXWomen, Infants and Child
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RULES INDEXR414-3A-2 Definitions 35
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RULES INDEXR432-950 Mammography Qua
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RULES INDEXR590-172-4 Rule 35006 AM
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RULES INDEXLIEUTENANT GOVERNORElect
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RULES INDEXR657-26 Adjudicative Pro
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RULES INDEXR865-13G-17R865-14W-1R86
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RULES INDEXR909-19 Safety Regulatio
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RULES INDEXR986-700-714 CC Payment
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Utah State Bulletin, January 15, 2012, Vol. 2012, No. 2

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