Section 5-A115. CEASE AND DESIST

 

115.1 If OSSE reasonably believes that a Licensee, parent entity, or any person has violated the Facilities Act or any provision of this chapter, and that the violation presents an imminent threat to the health, safety, or welfare of children, adults, or the general public, OSSE may issue a written cease and desist order directing the Facility, parent entity, or person to cease and desist from the violating action(s).

 

115.2 The cease and desist order shall be effective upon the delivery of the cease and desist order.  The cease and desist order shall be hand-delivered to the Licensee, or to an adult employee or family member of the Licensee, at the current physical address of the Facility as shown in OSSE’s records.

 

115.3 The cease and desist order shall:

 

(a) Be hand-delivered to the Licensee or to an adult employee or family member of the Licensee, at the current physical address of the Facility as shown in OSSE’s records; and

 

(b) Provide that the Licensee may request an expedited hearing within five (5) days after receipt of the Cease and Desist Order. If no request for a hearing is made, the Order shall be final.

 

115.4 Once a Facility has received a cease and desist order, the Licensee shall immediately:

 

(a) Surrender the Facility’s current license to OSSE;

 

(b) Cease the provision of all child development services;

 

(c) Provide parents and guardians with written notification of the Cease and Desist Order. Written notification of the Cease and Desist Order shall state the reason provided by OSSE for the Cease and Desist Order, and inform parents and guardians of the need to make alternative child care arrangements; and

 

(d) Provide OSSE with a copy of the written notification provided to parents and guardians.

 

115.5 Upon a timely request for an expedited hearing pursuant to this section, the OAH shall conduct the hearing within five (5) business days after the request, and the Office of Administrative Hearings shall issue a decision within five (5) days after the hearing record is closed.

 

 

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).