Section 144-33-20 - ENFORCEMENTThe Department may take one or more of the following measures to address violations of this rule or applicable statutes.
A.Directed plan of action. Failure to complete or comply with a plan of action will result in the Department issuing a directed plan of action to the licensee. The directed plan of action will specify the actions that must be completed in order to comply with this rule, along with a timeline for each action. The Department may direct any licensee to correct any violations in a manner, and within a time frame, that the Department determines is appropriate to ensure compliance with this rule or to protect the health and safety of children.B.Restrictions. As part of a directed plan of action, the Department may require the following: 1. To stop all new admissions until the Department determines that the licensee has corrected all violations that resulted in the order.2. To reduce the capacity of the licensee until the Department determines that the licensee has corrected all violations that resulted in the order.C.Administrative fines. If the licensee does not complete corrective action for violation(s) within the Department's timelines, then the Department may assess administrative fines in accordance with the schedule of fines outlined in this rule. 1. The Department may only assess administrative fines after it issues an inspection report, and after the licensee fails to comply with a directed plan of action or any subsequent Department requirements related to the directed plan of action.2. An administrative fine may be assessed for a violation, or a failure to comply with the Department, that constituted noncompliance with statutes or this rule at the time it occurred.3. An administrative fine is issued via a Notice of Fine. The notice will describe each violation, the rule or statute that has been violated and any scheduled amount of administrative fine corresponding to that violation.4. The Department has established the following schedule of administrative fines for licensees failing to correct violations by the Department's timeline pursuant to 22 M.R.S. §7702-A: a. Non-critical violation: | $100.00 per violation. |
b. Critical violation (as defined in Section 1(A) (7) ): | $250.00 per violation. |
5. The Department may assess administrative fines up to $500 per inspection.6. Licensees are required to pay the Department the amount of the administrative fine within 30 days of receipt of the notice of fine. If the licensee has not paid the total fines due before license renewal, then the Department may deny the license renewal application.7. Imposing an administrative fine is not deemed, in any way, to extend any deadline for compliance.D.Conditional license. The Department may issue a conditional license, in accordance with 22 M.R.S. §7802(1)(C). The notice of conditional license will include a directed plan of action.E.Suspension of a license. The Department may suspend or seek to suspend a license as follows: 1. The Department's Commissioner may suspend a license on an administrative basis by issuing an order of closure when conditions are found which, in the opinion of the Department, immediately jeopardize the health and safety of children.2. The order of closure may last for up to ten days in accordance with 22 MRS 83015) , pending further investigation or prior to obtaining an order of emergency suspension from the court.3. The Department may seek an emergency suspension in accordance with 4 M.R.S. §184 when conditions are found which, in the opinion of the Department, immediately endanger the health or safety of children.F.Referral to the Office of the Attorney General. A licensee with violations may be referred to the Office of the Attorney General for appropriate civil action, if they fail to comply with Department timelines, including payment of fines, during enforcement. 1. The Department may pursue civil fines in accordance with 22 M.R.S. §7702-A, § 7702-B, or any other relevant section of the Maine Revised Statutes.2. The Department may seek injunctive relief to require compliance, in accordance with 22 M.R.S. §8301-A(7).G.Refusal to issue or renew a license. The Department may refuse to issue or renew a license when a licensee fails to comply with applicable laws and rules.H.Revocation. The Department may revoke a full or temporary license for violation of applicable laws and rules for committing, permitting, aiding or abetting any illegal practices in the operation of the child care or for conduct, or practices detrimental to the welfare of children attending the child care in accordance with 22 M.R.S. §7802(3)(D).I.Void. The Department may void a conditional license when the licensee fails to comply with the conditions of the license.J.Right to appeal. Appeals by a licensee are limited to appeals contending that a decision by the Department misapplies applicable laws, procedures or rules. 1. The licensee shall address a request for an administrative hearing in accordance with the instructions provided in any action taken by the Department that is subject to the right of appeal. a. The request shall state the specific issue(s) being appealed.b. The request must be made within 30 days of receipt of notice of an action subject to the right of appeal in accordance with 22 M.R.S. §7802.c. The following actions are subject to the right of appeal: i. Issuance of a conditional license;ii. Amendment or modification of a license;iii. Voiding of a conditional license;iv. Refusal to issue or renew a full license;v. Administrative fines; orvi. The denial of a waiver request.d. Actions subject to the right to appeal shall be stayed until the Department makes a final agency decision, unless the license is suspended under Section 20(E) or (F).2. The hearing will be conducted pursuant to the Department's Administrative Hearings Regulations at 10-144 C.M.R. Ch. 1, and in conformity with Maine's Administrative Procedure Act at 5 M.R.S. Ch. 375.3. An aggrieved party may appeal a final agency action to Superior Court in accordance with 5 M.R.S. Ch. 375, Subchapter 7.10-144 C.M.R. ch. 33, § 20