Section 5-A102. GENERAL LICENSE REQUIREMENTS

 

102.1 Except as otherwise provided in this chapter, no person shall either directly or indirectly operate a Child Development Facility without first obtaining a license issued by OSSE, or its successor agency.

 

102.2 A license shall be issued only to a Facility for which an application is made.

 

102.3 A license shall be for the address of the Facility’s actual site.

 

102.4 OSSE shall issue a license after receipt of a complete application, if OSSE determines that the application establishes, to OSSE’s satisfaction, that the Facility will be operated in compliance with the provisions of this chapter and all applicable federal and local laws and regulations.

 

102.5 If a conflict exists between a general requirement and a specific requirement of this chapter applicable to a particular classification or size of Facility, the specific requirement shall apply.

 

102.6 OSSE shall issue the following types of licenses:

 

(a) Initial License. An initial license may be issued by OSSE to an applicant who is not currently licensed;

 

(b) Renewal License. A renewal license may be issued by OSSE to a current Licensee demonstrating substantial compliance with this chapter that applies for renewal before the expiration of the current license; or

 

(c) Restricted License. A restricted license may be issued by OSSE as an alternative to suspending or revoking an existing license when a Facility has one or more deficiencies.

 

102.7 The initial license and each renewal license may be valid for a three (3) year period beginning on the date of issuance.

 

102.8 Each Facility licensed pursuant to this chapter that accepts public funding shall participate in OSSE’s Quality Rating and Improvement System or any successor tiered-quality rating system.

 

102.9 Each Facility licensed pursuant to this chapter that does not accept public funding may participate in OSSE’s Quality Rating and Improvement System, or any successor tiered-quality rating system.

 

102.10 Each license shall state:

 

(a) The name of the Licensee;

 

(b) The name of the parent entity (if any) of the Licensee or person(s) with ownership interests in the Facility; 

 

(c) The classification of the Facility as Center, Home, or Expanded Home;

 

(d) The address of the Facility;

 

(e) The maximum allowable number of children who may be cared for at the Facility, including the maximum capacity for each age category of children served at the Facility;

 

(f) The limitations, if any, on services authorized; and 

 

(g) The expiration date of the license.

 

102.11 A Licensee shall display the original license issued pursuant to these regulations, at all times in a conspicuous place readily visible and accessible to the public at the premise(s) named on the license.

 

102.12 A Licensee shall comply with the provisions stated on its license unless otherwise authorized under this chapter.

 

102.13 A separate license shall be required for each building functioning as a Facility, even if on the same premise(s).

 

102.14 A license shall remain the property of OSSE.

 

102.15 A license is not transferable, assignable, or subject to sale.

 

102.16 A license shall be void, and a Licensee shall surrender the license to OSSE immediately upon the occurrence of any of the following:

 

(a) A Licensee closes the Facility permanently;

 

(b) The license is revoked;

 

(c) The license is suspended;

 

(d) The license expires and the application for a renewal license is denied; or

 

(e) The license expires and the Facility has not applied for a renewal license.

 

 

authority

Sections 3(b)(6A), 3(b)(9), 3(b)(9A), 3(b)(11) of the State Education Office Establishment Act of 2000, effective October 21, 2000 (D.C. Law 13-176; D.C. Official Code §§ 38-2602(b)(6A), (b)(9), (b)(9A), and (b)(11)) (2012 Repl. & 2016 Supp.)); the Day Care Policy Act of 1979, effective September 19, 1979 (D.C. Law 3-16; D.C. Official Code §§ 4-401 et seq. (2012 Repl. & 2016 Supp.)) (“Day Care Act”); Mayor’s Order 2009-3, dated January 15, 2009; the Child Development Facilities Regulation Act of 1998, effective April 13, 1999 (D.C. Law 12-215; D.C. Official Code §§ 7-2031 et seq. (2012 Repl.)) (“Facilities Act”); Mayor’s Order 2009-130, dated July 16, 2009; Sections 503 and 504 of the Early Intervention Program Establishment Act of 2004, effective April 13, 2005 (D.C. Law 15-353; D.C. Official Code §§ 7-863.03 and 7-863.04 (2012 Repl.)); Mayor’s Order 2009-167, dated September 28, 2009; Titles I and II of the Child and Youth, Safety and Health Omnibus Amendment Act of 2004 (“CYSHA”), effective April 13, 2005 (D.C. Law 15-353; D.C. Official Code §§ 1-620.31 et seq. and §§ 4-1501.01 et seq. (2012 Repl. & 2016 Supp.)); and the Healthy Tots Act of 2014, effective February 26, 2015 (D.C. Law 20-155; D.C. Official Code §§ 38-281 et seq. (2016 Supp.)); and pursuant to the Social Security Act, approved February 22, 2012 (Pub.L. 112-96; 42 U.S.C. § 618(c)); the Child Care and Development Block Grant Act of 2014 (“CCDBG Act”), approved November 19, 2014 (Pub.L. 113-186; 42 U.S.C. §§ 9858 et seq.), and regulations promulgated thereunder at 45 C.F.R. Parts 98 and 99.

source

Final Rulemaking at 63 DCR 14640 (December 2, 2016).