Section 5-A104. APPLICATION FOR RENEWAL LICENSE

 

104.1 The application for a renewal license shall be submitted no later than ninety (90) days before the expiration date of the existing license.

 

104.2 The existing license shall remain in effect until OSSE makes a final determination with regard to the application for a renewal license, if a Licensee submits a timely and complete renewal license application, provided that the Licensee complies with the terms, conditions, and restrictions applicable to the license.

 

104.3 An applicant for a renewal license to operate a Child Development Facility under this chapter shall submit a complete application to OSSE.

 

104.4 OSSE shall consider an application complete when the appropriate fees, pursuant to Section 108 (Fees) and all required documentation listed on the application form issued by OSSE, the documentation required by these regulations, and a fully complete application form is submitted.

 

104.5 In addition to the required documentation listed on the application form issued by OSSE, each applicant shall obtain:

 

(a) A fire safety inspection certification or other equivalent proof from FEMS that the premise(s) comply with all applicable Federal and District of Columbia fire safety laws, regulations and codes, issued by FEMS;

 

(b) A Clean Hands certification that the applicant satisfies the requirements that must be met in order to obtain a license or permit from the District government, set out in D.C. Official Code § 47-2862, issued by the District of Columbia Department of Tax and Revenue within thirty (30) days of the date the application is submitted;

 

(c) A Certificate of Immunization Compliance that the applicant reached the immunization compliance target issued by the District of Columbia Department of Health;

 

(d) Proof of insurance, that includes a reasonable coverage amount, as determined by the District of Columbia Office of Risk Management, for the following types of coverage:

 

(1) Commercial General Liability;

 

(2) Umbrella “Follow Form” Liability;

 

(3) Sexual Abuse & Molestation Liability; and

 

(4) Vehicle liability covering every vehicle that will be used to provide transportation services to children at the Facility; and

 

(e) A current, valid, and notarized building use agreement that identifies a contingency location that may be used if the primary location of operation ceases to be available and includes, but is not limited to, the following:

 

(1) Contact information for the owner of the building;

 

(2) The purpose of the use;

 

(3) General guideline and requirements;

 

(4) Proof of appropriate insurance coverage;

 

(5) Proof of valid certificate of occupancy;

 

(6) Proof of updated health and safety inspections specific to a Facility; 

 

(7) User responsibilities;

 

(8) User restrictions; and

 

(9) Facility usage fee, if any.

 

104.6 An application for a renewal license shall include a signed declaration by the applicant, or by a person authorized to submit the application on the applicant’s behalf if the applicant is not an individual, that the contents of the application and the information provided with it are true, accurate, and complete.

 

104.7 If a Licensee submits an incomplete or late application, the Licensee may pay the appropriate penalty fee to extend the current license until the application for the renewal license is approved or denied by OSSE, but for not longer than one hundred and eighty (180) days. If the application for a renewal license is still incomplete after one hundred and eighty (180) days, the current license will be deemed to have expired and the renewal application shall be deemed denied, effective on the first day after the expiration of this one hundred and eighty day (180) period.

 

104.8 If the Licensee submits an incomplete or late application, OSSE may, in its discretion, waive the penalty fee if the Licensee demonstrates to OSSE’s satisfaction, in writing:

 

(a) Evidence of good faith effort to submit a complete application for a renewal license on time; and

 

(b) Evidence of delay or hardship for reasons not within the Facility’s control.

 

104.9 Upon receipt of a complete application for a renewal license, and prior to the issuance of the renewal license, OSSE may conduct an on-site inspection to determine whether the Facility is in compliance with this chapter.

 

104.10 If, in the course of the on-site inspection for a renewal license, or review of an application for license renewal, OSSE determines that an existing Licensee is out of compliance with any requirement of this chapter, OSSE may issue a Statement of Deficiencies.

 

104.11 After receipt of notification from the existing Licensee that every stated deficiency has been corrected, OSSE shall conduct a follow-up inspection or inspections and, where appropriate, review of the application or other materials, to determine whether the Facility is in compliance with applicable laws and the regulations of this chapter.  Nothing in this procedure shall extend the deadline by which a license be renewed in order to avoid being deemed denied. 

 

104.12 OSSE may deny the application for a renewal license if:

 

(a) An applicant fails to abate the identified deficiencies within the required timeframe specified by OSSE;

 

(b) An applicant fails to comply with this chapter within the required timeframe specified by OSSE; or

 

(c) The provisions of this chapter are not met.

 

104.13 If a renewal license is denied, the Licensee shall not care for any children and shall cease all operations upon the expiration of the current 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).