D.C. Mun. Regs. tit. 5, r. 5-A113
Current through Register Vol. 71, No. 49, December 6, 2024
Rule 5-A113 - REVOCATION, DENIAL AND SUSPENSION113.1 An application for a license to operate a Facility may be denied by OSSE or a license to operate a Facility issued pursuant to this chapter may be denied for renewal, suspended for a period determined by OSSE, or revoked by OSSE if the applicant or Licensee, or an employee or volunteer of either, has:
(a) Failed to comply with any provision of the Facilities Act or this chapter;(b) Failed to comply with any federal or District of Columbia laws or regulations applicable to Facilities;(c) Fraudulently or deceptively obtained or attempted to obtain an initial license or renewal license or committed any other action described in D.C. Official Code § 7-2040(3);(d) Provided false or misleading information on any form or report required by OSSE;(e) Failed to allow authorized officials entry to conduct an inspection or investigation, or to otherwise determine whether the applicant or Licensee is in compliance with this chapter or any relevant federal or District of Columbia laws or regulations;(f) Employed any method of discipline prohibited by this chapter;(g) Been determined by a duly authorized District of Columbia government official to pose a danger to children or youth, pursuant to CYSHA;(h) Pled guilty or nolo contendere with respect to, or received probation before judgment with respect to, or been convicted of, one of the following crimes as defined in the District of Columbia Official Code or a comparable crime in another state or federal law: (3) Rape or sexual abuse;(4) A sexual offense involving a minor or non-consenting adult;(6) Kidnapping or abduction of a child;(7) Subject to Subsection 133.10, illegal possession, use, sale, or distribution of controlled substances;(8) Illegal possession or use of weapons;(9) A felony involving behavior or acts that gravely violate moral sentiments or accepted moral standards of this community and are of a morally culpable quality;(10) A crime of violence as defined in District of Columbia Official Code § 23 -1331(4);(i) Failed to report suspected child abuse or neglect, as required by District of Columbia Official Code § 4-1321.02;(j) Been denied a license to operate a Facility or had a license to operate a Facility denied, suspended, or revoked in another jurisdiction within the previous three (3) years for a cause which would be grounds for denial, suspension, or revocation under this section;(k) If the Facility at issue is a Child Development Home, a determination that any person living in the home that operates as a licensed Facility has pled guilty or nolo contendere with respect to, or received probation before judgment with respect to, or been convicted of, any of the offenses identified in Subsection 113.1(h);(l) A determination that an applicant or Licensee, or any employee or volunteer who is reasonably expected to come into contact with one (1) or more children, has admitted to or has been found to have abused or neglected a child in the District of Columbia or in any other jurisdiction;(m) Any bankruptcy of the Facility or the parent entity of the Facility; or(n) Voluntarily closure by a Facility while enforcement action is pending without OSSE approval.113.2 A Licensee may not reapply for a license for a period of three (3) years if the license to operate a Child Development Facility is revoked.
113.3 If the license of a Facility is suspended or revoked for a building structural issue or construction, the owner, Center Director or Caregiver may reapply for a license after all building structural issues are abated or construction is completed, provided that the application shall include such evidence as is reasonably required by OSSE to determine that all building structural or construction issues have been resolved.
D.C. Mun. Regs. tit. 5, r. 5-A113
Final Rulemaking published at 63 DCR 14640 (12/2/2016); as corrected by Errata Notice published at 64 DCR 8231 (August 18, 2017).