§407.46. Operating in violation of regulations; penalties and fines
A.
(1)For violations related to supervision, criminal history record checks, the state
central registry disclosure form, child-to-staff ratios, motor vehicle checks, or failure to
report critical incidents, the department may issue a written warning that includes a
corrective action plan, in lieu of revocation, upon any person or entity violating these
requirements if such condition or occurrence does not pose an imminent threat to the health,
safety, rights, or welfare of a child. Failure to implement a corrective action plan issued
pursuant to this Section may result in either the assessment of a civil fine or license
revocation or may result in both actions being taken by the department. Such civil fine shall
not exceed
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§407.46. Operating in violation of regulations; penalties and fines
A.(1) For violations related to supervision, criminal history record checks, the state
central registry disclosure form, child-to-staff ratios, motor vehicle checks, or failure to
report critical incidents, the department may issue a written warning that includes a
corrective action plan, in lieu of revocation, upon any person or entity violating these
requirements if such condition or occurrence does not pose an imminent threat to the health,
safety, rights, or welfare of a child. Failure to implement a corrective action plan issued
pursuant to this Section may result in either the assessment of a civil fine or license
revocation or may result in both actions being taken by the department. Such civil fine shall
not exceed two hundred fifty dollars per day for each assessment; however, the aggregate
fines assessed for violations determined in any consecutive twelve-month period shall not
exceed two thousand dollars. The department shall publish all violations of this Paragraph
on its website.
(2) The State Board of Elementary and Secondary Education shall adopt rules in
accordance with the Administrative Procedure Act that articulate factors in determining the
type of sanction imposed including the severity of risk, the actual harm and mitigating
circumstances, the failure to implement a written corrective action plan, the history of
noncompliance, an explanation of the treatment of continuing and repeat deficiencies,
evidence of a good-faith effort to comply, and any other relevant factors. The authority to
impose sanctions pursuant to this Section shall commence on the effective date of the rules
promulgated pursuant to this Section.
B. The State Board of Elementary and Secondary Education shall adopt rules and
regulations in accordance with the Administrative Procedure Act to provide for notice to the
early learning center of any violation, for a departmental reconsideration process for
sanctions issued, and for an appeal procedure including judicial review. Such appeal shall
be suspensive. All appeals pursuant to this Subsection shall be heard by the division of
administrative law pursuant to Chapter 13-B of Title 49 of the Louisiana Revised Statutes
of 1950. The division shall furnish to the facility or agency a copy of the decision, together
with notice of the manner for requesting judicial review. During the pendency of an appeal,
an early learning center may continue to receive funding for services provided to those
eligible children as determined by the department.
C. The department may institute any necessary civil court action to collect fines
imposed and not timely appealed. No child care facility shall claim imposed fines as
reimbursable. Interest shall begin to accrue at the current judicial rate on the day following
the date on which any fines become due and payable. All costs of any successful action to
collect such fines, including travel expenses and reasonable attorney fees, shall be awarded
to the department in addition to the fines.
D.(1) Civil fines collected pursuant to the provisions of this Section shall be
deposited immediately into the treasury.
(2) After compliance with the requirements of Article VII, Section 9(B) of the
Constitution of Louisiana relative to the Bond Security and Redemption Fund, and prior to
the monies being placed in the state general fund, an amount equal to the amount deposited
as provided in Paragraph (1) of this Subsection shall be credited to a special fund hereby
created in the state treasury to be known as the "Early Learning Center Licensing Trust
Fund", hereinafter referred to as "the fund". The monies in the fund shall be subject to annual
appropriation and shall be available exclusively for use by the department for the education
and training of employees, staff, or other personnel of child care facilities.
(3) The monies in the fund shall be invested by the treasurer in the same manner as
the monies in the state general fund, and all interest earned from the investment of monies
in the fund shall be deposited in and remain to the credit of the fund. All unexpended and
unencumbered monies remaining in the fund at the end of the fiscal year shall remain in the
fund.