Child Care Licensing
Handbook Revision, August, 2015
This revision of the Licensing Policy and Procedures Handbook was published on August 24, 2015, to correspond with a CLASS application update. Summaries of new or revised items are provided below.
Administrative Penalty Policy (PATS 8242)
The administrative penalty section of the LPPH has been replaced in its entirety to update policy, procedures, and incorporate new CLASS functionality.
Display of Revisions with Significant Changes Highlighted (Word Document)
See:
4161.24 Technical Assistance for High Risk Violations [new item]
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7510 Legal Basis to Impose Administrative Penalties
7511 Imposing an Administrative Penalty Before Taking a Corrective Action
7512 Imposing an Administrative Penalty After Taking a Corrective Action
7520 Assessing the Need for an Administrative Penalty
7521 A Single High Risk Violation
7521.1 A Single High Risk Violation of Background Check Requirements
7522 Repeated High Risk Violations
7522.1 Repeated Violations of Background Check Requirements
7530 Recommending the Administrative Penalty
7531 When to Recommend the Administrative Penalty
7531.1 When the Violation is Corrected at the Time of the Inspection
7531.2 When the Violation is Not Corrected During the Inspection
7532 How to Document the Recommendation to Impose the Administrative Penalty
7532.1 Determining the Maximum Daily Penalty Amount
7532.11 Determining the Operation’s Capacity
7532.12 Determining the Number of Days to Impose an Administrative Penalty
7532.13 Submitting the Recommendation to the Supervisor
7533 Supervisor and Legal Review of the Recommendation to Impose an Administrative Penalty
7533.1 Supervisor and Legal Agree With the Recommendation
7533.2 Legal Agrees With the Recommendation
7533.3 Supervisor or Legal Disagree With the Recommendation
7534 Sending Notification of the Recommendation to Impose an Administrative Penalty
7535 Reviewing the Status of Administrative Reviews for Minimum Standard or Rule Violations Identified in the Administrative Penalty
7535.1 Actions to Take if Any, But Not All, Violation Identified in the Administrative Penalty is Overturned During the Administrative Review
7535.2 Actions to Take if All Violations Identified in the Administrative Penalty are Overturned During the Administrative Review
7540 Issuing the Order to Pay an Administrative Penalty
7541 When to Send the Order to Pay the Administrative Penalty
7543 Processing the Order to Pay the Administrative Penalty
7550 Due Process Rights for Administrative Penalties
7551 Determining Whether a Request for a Due Process Hearing Meets the Due Date
7552 Processing the Outcome of a Due Process Hearing for an Administrative Penalty
7552.1 Due Process Hearing Upholds the Decision to Impose the Administrative Penalty
7552.2 Due Process Hearing Overturns the Decision to Impose the Administrative Penalty
7553 The Right to Request a Judicial Review of an Administrative Penalty
7553.1 If the Right to a Judicial Review is Waived
7553.2 If a Judicial Review is Requested
7553.21 Documenting the Outcome of the Judicial Review
7560 Payment and Nonpayment of Administrative Penalties
7561When Administrative Penalties Remain Unpaid
7561.1 Nonpayment Due to Insufficient Funds
7561.2 Nonpayment of Administrative Penalties for Reasons Other than Insufficient Funds
7561.3 Closing an Unpaid Administrative Penalty
The section below has been replaced entirely with the items listed above.
7510 Evaluating the Need for Administrative Penalties
7511 Violations for Which Administrative Penalties May Be Assessed
7512 Alternatives to Imposing Administrative Penalties
7513 Decision Guide for Imposing Administrative Penalties
7520 Assessing Administrative Penalties
7521 Administrative Penalties Fee Chart
7521.1 Definition of Widespread
7521.2 Definition of Pattern
7530 Recommending the Administrative Penalty
7540 Notifying the Operation and Imposing the Administrative Penalty
7541 Notification of the Administrative Penalty
7542 Content of the Administrative Penalty Notification
7543 Imposing the Administrative Penalty
7544 Rescinding an Administrative Penalty
7550 Request for an Appeal
7551 SOAH Hearing
7552 Acting on the ALJ’s Order
7553 If the Penalty is Not Paid
7554 Documentation
A cross-reference has been redirected in:
5380 Determining Compliance With Background Check Requirements