Or. Admin. Code § 414-310-0130

Current through Register Vol. 63, No. 11, November 1, 2024

Section 414-310-0130 - Application Process

(1) An applicant must submit an original and complete application for a certificate on the forms provided by CCLD:

(a) For the initial certificate;

(b) For the annual renewal of the certificate;

(c) Whenever there is a change of owner;

(d) Whenever the center moves to a new location; or

(e) For increase of capacity.

(2) An applicant that is not the owner of the school-age center must identify the owner on the application.

(3) If an applicant is a corporation, association, or other public or private organization or agency, the application must be signed by the chief executive officer or a person designated in writing to have the authority to sign the application. If an applicant is a partnership, the application must be signed by each partner.

(4) A school-age center must submit a non-refundable filing fee with the application.

(a) For the initial application, a change of owner, the reopening of a center after a lapse in certification, or a change of location (except when a center is forced to move due to circumstances beyond the control of the owner), the fee is $100 plus $2 for each certified space. For example, the fee for a child care center certified to care for 30 children is $100 + $60 = $160.

(b) For a renewal application, the fee is $2 for each licensed capacity space.

(c) For an increase in capacity, the fee is $2 for each additional capacity space.

(5) A school-age center must complete and submit an application to CCLD at least:

(a) 45 days before the planned opening date of a new center or change of owner or location; and

(b) 30 days prior to the expiration of the certificate for a renewal.

(A) If an application for renewal and payment of the required fee is received at least 30 days prior to the expiration date of the current certificate, the current certificate, unless officially revoked, remains in force until CCLD has acted on the application for renewal and has given notice of the action taken.

(B) If an application for renewal and payment of the required fee is not received at least 30 days prior to the expiration date of the current certificate, the certificate will expire and the school-age center must cease operations unless the renewal is completed prior to the expiration date.

(6) An applicant must provide the following items with the application for an initial certificate, change of owner, change of address and when the center indoor floor plan or outdoor areas change:

(a) Evidence that the school-age center meets all applicable building codes and zoning requirements, unless the center is in a public school building;

(b) Approval by an environmental health specialist registered under ORS chapter 700 or an authorized representative of the Oregon Health Authority;

(c) Approval by a state or local fire code official prior to the initial certification date. If the school age center is housed in a public school, CCLD will accept the most recent fire code inspection conducted at the school, if conducted within the last two years;

(d) A floor plan. If the school-age center is located within or attached to a building used for purposes other than child care, the floor plan must also show that space and how it is used; and

(e) Initial or current lead testing results for each source of drinking water, as required in OAR 414-310-0460.

(7) An application for renewal of a school-age center certificate may be approved by CCLD upon CCLD's receipt of the following:

(a) Written approval by an environmental health specialist registered under ORS chapter 700 or an authorized representative of the Oregon Health Authority;

(b) Written approval by a state or local fire code official within the last two years of the renewal date; and

(c) CCLD's Health and Safety inspection completed successfully with the center's CCLD licensor.

(8) The applicant must submit a floor plan to CCLD, the environmental health specialist, the fire code official, and the local building department prior to initial construction, remodel, or change in location. If the center is located in a public school building, the floor plan may only be submitted to CCLD. An applicant is responsible for payment of any applicable fees for fire safety and sanitation inspections.

(9) An applicant must pay in full all civil penalties established by final order against the applicant or be compliant with an CCLD approved payment plan before CCLD will process an initial or renewal application.

(10) If CCLD has not approved, issued a notice of intent to deny, or issued a final order by default or after a contested case hearing denying an application within 12 months of the date the application was submitted to CCLD, the application may be closed, subject to the applicant's right to submit a new application at any time. This rule does not apply if:

(a) The application is not a timely application; or

(b) CCLD has issued a notice of intent to deny the application that has resulted in a final order or withdrawal.

(11) Notwithstanding OAR 414-310-0130(10), an applicant is not required to submit a new application if CCLD has issued a notice of intent to deny the application and applicant has timely requested a contested case hearing.

Or. Admin. Code § 414-310-0130

ELD 10-2022, temporary suspend filed 07/06/2022, effective 07/06/2022 through 12/31/2022; ELD 7-2022, adopt filed 07/01/2022, effective 7/1/2022; DELC 140-2023, amend filed 12/06/2023, effective 1/1/2024; DELC 70-2024, minor correction filed 05/06/2024, effective 5/6/2024

Statutory/Other Authority: ORS 329A.280

Statutes/Other Implemented: ORS 329A.280