§ 26.5-5-313 — Applications - materials waivers - appeals - rules

(1) A child
care center that is subject to the licensing requirements of this part 3 is also
subject to the provisions of this section.

(2) (a) The department shall make available to licensed child care centers
and include with every application form for licensure information concerning the
manner in which a child care center may apply for a waiver to use certain materials
in its program and curriculum. The waiver request must be included in a center's
application for licensure or, in the case of a licensed child care center, may be
submitted at any time.

(b) A child care center seeking a waiver for the use of certain materials must
adopt a policy that:

(I) Ensures that instructors in the child care center are trained in the use of
the materials in a way that provides reasonable safety provisions for use by
children; and

(II) Requires parental notification of the use of the materials in the child care
center and the potential safety risks associated with the materials. The policy must
require the child care center to obtain signed parental consent forms
acknowledging awareness of the risks in using the materials in the child care
center.

(3) If a licensed child care center receives notice of a violation pursuant to
this part 3, information concerning the waiver and appeal process described in this
section must be included in the notification to the child care center.

(4) The executive director shall promulgate rules for the implementation of
this section, including:

(a) The requirements for the granting of a waiver request, including the
requirement that the department make a decision on the waiver request and notify
the child care center of its decision no later than sixty calendar days after receipt
of the request;

(b) The requirements for the denial of a waiver request, including the
requirement that the department make a decision on the waiver request and notify
the child care center of its decision no later than sixty calendar days after receipt
of the request; and

(c) The process by which a child care center may appeal a denial of a waiver
request, which process must, at a minimum, provide that:

(I) Upon the receipt of a denial of a waiver request, a child care center has up
to forty-five calendar days to appeal the denial decision to the department;

(II) The department shall act upon the appeal within forty-five calendar days;

(III) The department shall provide notice of its decision on the appeal within
ten calendar days after its decision to the appealing child care center; and

(IV) The appealing child care center has the right to meet in person with
department personnel concerning the appeal.

(5) Whenever practicable, the department shall use the same inspector for:

(a) Multiple visits to a single child care center seeking a waiver pursuant to
this section; or

(b) Multiple visits to two or more individually licensed child care centers that
are wholly owned, operated, and controlled by a common ownership group.

(6) The department shall not post a denial of a waiver made pursuant to this
section on its website until the appeal is final.

Legislative History

Source: L. 2022: Entire article added with relocations, (HB 22-1295), ch. 123, p. 747, � 3, effective July 1.