Section 5-A112. ENFORCEMENT ACTIONS

 

112.1 A Child Development Facility licensed, required to be licensed, or applying for a license may be subject to any of the following enforcement actions by OSSE, or any other authorized government entity, when that agency or entity has jurisdiction, for violations of Federal or District of Columbia laws or regulations:

 

(a) Denial of application for initial license;

 

(b) Denial of application for renewal license;

 

(c) Issuance of a restricted license;

 

(d) Suspension of a license;

 

(e) Revocation of a license;

 

(f) Cease and desist order;

 

(g) Civil fines;

 

(h) Summary suspension;

 

(i) Criminal prosecution; or

 

(j) Injunction.

 

112.2 Other than where OSSE proposes to issue a Notice of Summary Suspension or a Cease and Desist order, OSSE shall provide written notification of the proposed enforcement action to the Licensee or applicant prior to initiating any of the enforcement actions in Subsection 112.1.

 

112.3 Advance written notice is not required prior to summary suspension or issuance of a cease and desist order.

 

112.4 Unless otherwise specified in this chapter, Notice required by this section shall be served by certified mail upon the Licensee or applicant at the current physical address of the Facility as shown in OSSE’s records.

 

112.5 Notice served by certified mail is deemed served on the date stamped upon the return receipt, indicating delivery of the Notice to the applicant or Licensee.

 

112.6 Unless otherwise specified in this chapter, written notification of a proposed enforcement action shall include the following:

 

(a) The intent and nature of the proposed enforcement action, specifying the basis for the intended action;

 

(b) Notice of the effective date of the proposed action;

 

(c) Notice of the description of, and citation for, each violation alleged;

 

(d) In the case of a license suspension, notice of the time period of the proposed suspension;

 

(e) Signature of authorized OSSE official;

 

(f) Notice that an applicant or Licensee may request a hearing on the proposed enforcement action by submitting a written request to the Office of Administrative Hearings within ten (10) business days after receipt of the Notice, or, if a different time period is prescribed by law, within the applicable time period (which shall be identified in the Notice);

 

(g) Notice that the proposed action shall become final without a hearing on the eleventh (11th) business day after service of written notification of the proposed enforcement action if the applicant or Facility fails to request a hearing within the time and in the manner specified.

 

(h) Notice that the Licensee will be required to surrender its current license to OSSE upon final action to convert the license to restricted status, or to suspend, or revoke the license.

 

 

authority

The State Superintendent of Education (“State Superintendent”), pursuant to authority set forth in 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.).

source

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