D.C. Mun. Regs. tit. 29, r. 29-303

Current through Register Vol. 71, No. 43, October 25, 2024
Rule 29-303 - RIGHT OF ENTRY AND SUBPOENA POWERS
303.1

The Director and any other duly authorized official of the Department of Health, or of another agency of the District of Columbia having jurisdiction over, or responsibilities pertaining to, Child Development Facilities, after presenting official credentials of identification and authority issued by the District of Columbia, shall have the right, either with or without prior notice, to enter upon and into the premises of any Child Development Facility licensed under this Chapter, or for which an application for license has been made, in order to determine compliance with the Act and with this Chapter, and/or to facilitate verification of information submitted on or in connection with an application for licensure pursuant to provisions of the Act or of this Chapter. The conduct of the authorized official shall be such that entry and inspection shall take place with the least possible disruption to the child development program.

303.2

The right of entry and inspection shall also extend to any premises that the Director, or other duly authorized official of an agency of the District of Columbia having jurisdiction over, or responsibilities pertaining to, Child Development Facilities, has reason to believe are being operated or maintained as a Child Development Facility without a valid license, provided that no entry or inspection of any unlicensed premises shall be made without the permission of the individual in charge of the premises or unless a warrant is first obtained from the D.C. Superior Court, pursuant to D.C. Official Code § 11-941, authorizing the entry or inspection for the purpose of determining compliance with the Act or with this Chapter.

303.3

The Director is authorized to utilize subpoena power pursuant to D.C. Official Code §§ 1-301.21 and 7 -2036 to supervise, inspect, and investigate Child Development Facilities in order to determine compliance with the provisions of the Act or of this Chapter.

303.4

Authorized District of Columbia officials shall have access to all records of the Facility, including but not limited to: child, staff and administrative records; financial, tax and inspection records; policies and procedures; and any other information or documentation necessary to determine the Facility's compliance with applicable federal and District of Columbia laws and regulations.

D.C. Mun. Regs. tit. 29, r. 29-303

Regulation No. 74-34 published at 21 DCR 1333 (December 27, 1974); as amended by Final Rulemaking published at 54 DCR 3793 (April 27, 2007)