§ 26-39-601. License violations -- Penalties.

(1) The department may deny or revoke a license and otherwise invoke disciplinary penalties if it finds:

(a) evidence of committing or of aiding, abetting, or permitting the commission of any illegal act on the premises of the child care facility;

(b) a failure to meet the qualifications for licensure; or

(c) conduct adverse to the public health, morals, welfare, and safety of children under its care.

(2) The department may also place a department representative as a monitor in a facility, and may assess the cost of that monitoring to the facility, until the licensee has remedied the deficiencies that brought about the department action.

(3) The department may impose civil monetary penalties in accordance with Title 63G, Chapter 4, Administrative Procedures Act, if there has been a failure to comply with the provisions of this chapter, or rules made pursuant to this chapter, as follows:

(a) if significant problems exist that are likely to lead to the harm of a qualifying child, the department may impose a civil penalty of $50 to $1,000 per day; and

(b) if significant problems exist that result in actual harm to a qualifying child, the department may impose a civil penalty of $1,050 to $5,000 per day.

Renumbered and Amended by Chapter 111, 2008 General Session
Amended by Chapter 382, 2008 General Session