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North Dakota Century Code Title 50. Public Welfare § 50-11.1-04. Application for license--Prerequisites for issuance--License granted--Term

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1. An application for operation of an early childhood program must be made on forms provided, in the manner prescribed, by the department.  The department or the department's authorized agent shall investigate the applicant's activities and proposed standards of care and shall make an inspection of all premises to be used by the early childhood program applying for a license.  The applicant for a license and the staff members, and, if the application is for a program that will be located in a private residence, every individual living in that residence must be investigated in accordance with the rules adopted by the department to determine whether any of them has a criminal record or has had a finding of services required for child abuse or neglect filed against them.  The department may use the findings of the investigation to determine licensure.  Except as otherwise provided, the department shall grant a license for the operation of an early childhood program within thirty days of receipt of a completed application and all supporting documents by the department and upon a showing:

a. The premises to be used are in fit and sanitary condition, are properly equipped to provide for the health and safety for all children, and are maintained according to rules adopted by the department;

b. Staff members are qualified to fulfill the duties required of the staff members according to the provisions of this chapter and standards prescribed for staff member qualifications by the rules of the department;

c. The application and supporting documents do not include any fraudulent or untrue representations;

d. The owner, operator, or applicant has not had a previous license or self-declaration denied or revoked within the twelve months before the date of the current application, unless waived by the department after the department considers the health and safety of children and the licensing history of the owner, operator, or applicant;

e. The owner, operator, or applicant has not had three or more previous licenses or self-declarations denied or revoked.  The most recent revocation or denial may not have occurred within the three years immediately preceding the application date;

f. The program paid its license fees and any penalties and sanctions assessed against the program as required by sections 50-11.1-03 and 50-11.1-07.4;

g. The family child care owner or operator and staff members have received training and are currently certified in infant and pediatric cardiopulmonary resuscitation, including the use of an automated external defibrillator by the American heart association, American red cross, or other similar cardiopulmonary resuscitation and automated external defibrillator training programs that are approved by the department, and are currently certified in first aid by a program approved by the department;  and

h. The group child care, preschool, school-age child care, or child care center, at all times during which early childhood services are provided, staff members have received training and are currently certified in infant and pediatric cardiopulmonary resuscitation, including the use of an automated external defibrillator by the American heart association, American red cross, or other similar cardiopulmonary resuscitation and automated external defibrillator training programs that are approved by the department, and currently certified in first aid by a program approved by the department.

2. The license issued to the owner or operator of an early childhood program may not be effective for longer than two years.

3. The department may consider the applicant's past licensing, self-declaration, and registration history in determining whether to issue a license.

4. The department may issue a provisional or restricted license in accordance with the rules of the department.  The department shall consider issuing a provisional or restricted license before revoking a license.  The department may require the owner or operator of an early childhood program to provide a compliance plan to address compliance issues with this chapter and rules of the department.  The department shall review the compliance plan before issuing a provisional or restricted license.  The department shall approve the provisional license if the department approves the compliance plan.  The department may revoke a license if the owner and operator fail to comply with the department approved compliance plan or for any additional violations of this chapter or rules of the department.

5. The department shall notify the owner or operator that the owner or operator is required to post a notice of late application at the early childhood program premises if the department has not received a completed application and all supporting documents for licensure or self-declaration renewal at least thirty days before the expiration date of the early childhood program's license.

Cite this article: FindLaw.com - North Dakota Century Code Title 50. Public Welfare § 50-11.1-04. Application for license--Prerequisites for issuance--License granted--Term - last updated January 01, 2020 | https://codes.findlaw.com/nd/title-50-public-welfare/nd-cent-code-sect-50-11-1-04.html


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