The NC Child Care Commission Finishes Review of NC Child Care Rules
The N.C. Child Care Commission has completed its review of all child care rules and regulations as required by legislation passed in 2013, The Periodic Review and Expiration of Rules. The Commission classified the vast majority of rules as necessary. However, only seven were classified as “necessary without substantive public interest.” Close to 100 were classified as “necessary with substantive public interest.” This designation indicates that the Child Care Commission has received or anticipates it may receive comments or objections to the majority of existing rules. It has classified the following rules as “unnecessary.”
General Provisions Related to Licensing
10A NCAC 09 .0206 Capacity of the Center
(a) The licensed capacity shall be no greater than the number of children that the total primary space, as defined in Rule .1401, used by children can accommodate at 25 square feet per child.
(b) The number of children present at the center shall not exceed the licensed capacity of the center.
(c) The number of children occupying any room of the center shall not exceed the number that the primary space in that room will accommodate at 25 square feet per child except as provided in Rule .1401 of this Subchapter
Procedures for Obtaining a License
10A NCAC 09 .0305 Requirements for a one-star rated license for a child care center
(a) Prior to the issuance of an initial one-star rating, a center shall comply with all minimum requirements in G.S. 110-91 and this Chapter at the time the program is assessed.
(b) Nothing in this Section is to preclude or interfere with issuance of an administrative action as allowed by G.S. 110 and this Chapter.
Administrative Actions and Civil Penalties
10A NCAC 09 .2110 Notice of Assessment of Penalty
The operator shall be notified by registered or certified mail of the amount and reasons for the assessment of the civil penalty. The notice shall specify the factors used to determine the amount of the penalty and must specify a time period by which payment must be received by the Division.
10A NCAC 09 .2211 Right to a Hearing
Any operator contesting a penalty is entitled to an administrative hearing and judicial review in accordance with Chapter 150B of the General Statutes, the Administrative Procedures Act.
10A NCAC 09 .2212 Failure to Pay Assessed Penalty
Failure to pay the assessed penalty or to exercise appeal rights within 30 days after receipt of the notice of assessment may result in civil action in accordance with the provisions of G.S. 110-103.1(c).
Child Care for Children Who are Medically Fragile
All rules in this section have been classified as unnecessary. The language for the Scope of these rules is included below, along with a link to each rule related to the scope.
10A NCAC 09 .2601 Scope
The rules in this Section apply to all child care centers offering pediatric day health care services to children who are medically fragile and their families. Care may be provided to children who are medically fragile as a component of a child care center, or care may be provided in a separate stand alone program. All rules in this Chapter shall apply except as provided in this Section.
10A NCAC 09 .2602 Definition
10 A NCAC 09 .2603 Special Provisions for Licensure
10 A NCAC 09 .2604 Operational Policies
10 A NCAC 09 .2605 Staff/Child Ratios
10 A NCAC 09 .2606 Space Requirements
10 A NCAC 09 .2607 Staff Qualifications
10 A NCAC 09 .0208 Children’s Plan of Care
10 A NCAC 09 .0209 Nutrition Requirements
10 A NCAC 09 .0210 Transportation