La. Admin. Code tit. 28 § CLXI-1105

Current through Register Vol. 50, No. 11, November 20, 2024

Section CLXI-1105 - Identified Violations and Fines

A. For violations related to the following licensing standards, when such violation does not pose an imminent threat to the health, safety, rights, or welfare of a child, the department may issue a written warning in lieu of revoking or refusing to renew the license:

1. Supervision (§1713);

2. CCCBC-based determination of eligibility for child care purposes (§1807);

3. child to staff ratios (§1711);

4. motor vehicle passenger checks (§2107); and 5 failure to report critical incidents (§1103).

B. Where such a violation does not result in the revocation of or refusal to renew a license, the LDE may issue a written warning/notice of violation of the standards listed in Subsection A of this Section that may include:

1. a corrective action plan (CAP) that outlines the required actions which shall be implemented or completed immediately; and

2. notice that failure to timely take the required action may result in the assessment of a civil fine or the revocation of or refusal to renew the license, or both.

C. SSecond Violation or Deficiency. If the CAP is not timely implemented or if a second violation related to the same standard occurs within a 24-month period and does not result in the revocation of or refusal to renew a license, the department may issue a written notice of violation that:

1. may include the requirement to take additional corrective action; and

2. may include the assessment of a civil fine of up to $250 per day for each day of the violation, not to exceed $2,000 within a consecutive 12-month period; and

a. the factors to be used in determining the type of sanction imposed include the severity of the risk, actual harm and mitigating circumstances, failure to implement a corrective action plan, history of noncompliance, continuing and repeat deficiencies, good-faith effort to comply and any other relevant factors;

3. shall include notice of the right to request departmental reconsideration if a civil fine/sanction is assessed; and that failure to request departmental consideration shall result in the loss of any further right to appeal the civil fine/sanction.

La. Admin. Code tit. 28, § CLXI-1105

Promulgated by the Board of Elementary and Secondary Education, LR 41626 (April 2015). effective 7/1/2015, Amended by LR 412105 (10/1/2015), Amended LR 44249 (2/1/2018), effective 3/1/2018, Amended LR 441862 (10/1/2018), Amended LR 471276 (9/1/2021).

AUTHORITY NOTE: Promulgated in accordance with R.S. 17:6 and 17:407.46.