N.D. Admin. Code 75-03-10-29

Current through Supplement No. 394, October, 2024

Section 75-03-10-29 - Correction of violations

1. Within ten business days of mailing or three days of electronic transmission of the correction order, the owner shall notify the parents of each child receiving care at the child care center that a correction order has been issued. In addition to providing notice to the parent of each child, the owner shall post the correction order in a conspicuous location within the child care center until the violation has been corrected or for five days, whichever is longer.

2. Violations noted in a correction order must be corrected:

a. For a violation of North Dakota Century Code section 50-11.1-02.2; section 75-03-10-04 or 75-03-10-08; subsection 12 of section 75-03-10-09; subdivision e of subsection 1 of section 75-03-10-12; subsection 3 of section 75-03-10-12; subsection 3, 6, 9, or 10 of section 75-03-10-18; section 75-03-10-23; or subsection 1 of section 75-03-10-24, within twenty-four hours;

b. For a violation requiring the hiring of a child care supervisor with those qualifications set forth in section 75-03-10-11.1, or a child care center director with those qualifications set forth in section 75-03-10-10, within sixty days;

c. For a violation that requires an inspection by a state fire marshal or local fire department authority pursuant to section 75-03-10-17, within sixty days;

d. For a violation that requires substantial building remodeling, construction, or change, within sixty days; and

e. For all other violations, within twenty days.

3. All periods for correction begin on the date of receipt of the correction order by the owner and operator.

4. The department may grant an extension of additional time to correct violations, up to a period of one-half the original allowable time allotted. An extension may be granted upon application by the owner and a showing that the need for the extension is created by unforeseeable circumstances and the owner has diligently pursued the correction of the violations.

5. The owner shall furnish a written notice to the department upon completion of the required corrective action. The correction order remains in effect until the department or its authorized agent confirms that the corrections have been made.

6. At the end of the period allowed for correction, the department shall reinspect a child care center that has been issued a correction order. If, upon reinspection, the department determines that the child care center has not corrected a violation identified in the correction order, the department shall mail or send by electronic mail a notice of noncompliance with the correction order to the owner and operator. The notice must specify the violations not corrected and the penalties assessed in accordance with North Dakota Century Code section 50-11.1-07.5.

7. If a child care center receives more than one correction order in a single year, the owner and operator may be referred by the department for consulting services to assist the owner in maintaining compliance and to avoid future corrective action.

8. Refutation process for a correction order:

a. An owner may refute a correction order by submitting a refutation request in writing on the form provided by the department within five calendar days of receiving the correction order.

b. The department shall respond to written refutations within five business days of receipt.

N.D. Admin Code 75-03-10-29

Amended by Administrative Rules Supplement 2014-352, April 2014, effective April 1, 2014. .

Amended by Administrative Rules Supplement 2020-377, July 2020, effective 7/1/2020.

Amended by Administrative Rules Supplement 2021-383, January 2022, effective 1/1/2022.

Amended by Administrative Rules Supplement 2024-392, April 2024, effective 4/1/2024.

General Authority: NDCC 50-11.1-08

Law Implemented: NDCC 50-11.1-01, 50-11.1-07.1, 50-11.1-07.2, 50-11.1-07.3