State Codes and Statutes

Statutes > North-carolina > Chapter_110 > GS_110-90

§ 110‑90.  Powers andduties of Secretary of Health and Human Services.

The Secretary shall have thefollowing powers and duties under the policies and rules of the Commission:

(1)        To administer thelicensing program for child care facilities.

(1a)      To establish a feefor the licensing of child care facilities. The fee does not apply to areligious‑sponsored child care facility operated pursuant to a letter ofcompliance. The amount of the fee may not exceed the amount listed in thissubdivision.

Capacityof Facility                                      Maximum Fee

12 orfewer children                                            $ 52.00

13‑50children                                                    $187.00

51‑100children                                                  $375.00

101or more children                                          $600.00

(2)        To obtain andcoordinate the necessary services from other State departments and units oflocal government which are necessary to implement the provisions of thisArticle.

(3)        To employ theadministrative personnel and staff as may be necessary to implement thisArticle where required services, inspections or reports are not available fromexisting State agencies and units of local government.

(4)        To issue a ratedlicense to any child care facility which meets the standards established bythis Article. The rating shall be based on the following:

a.         Before January 1,2008, for any child care facility currently holding a license of two to fivestars, the rating shall be based on program standards, education levels ofstaff, and compliance history of the child care facility. By January 1, 2008,the rating shall be based on program standards and education levels of staff.

b.         Effective January 1,2006, for any new license issued to a child care facility with a rating of twoto five stars, the rating shall be based on program standards and educationlevels of staff.

c.         By January 1, 2008,for any child care facility to maintain a license or Notice of Compliance, thechild care facility shall have a compliance history of at least seventy‑fivepercent (75%), as assessed by the Department. When a child care facility failsto maintain a compliance history of at least seventy‑five percent (75%)for the past 18 months or during the length of time the facility has operated,whichever is less, as assessed by the Department, the Department may issue aprovisional license or Notice of Compliance.

d.         Effective January 1,2006, for any new license or Notice of Compliance issued to a child carefacility, the facility shall maintain a compliance history of at least seventy‑fivepercent (75%), as assessed by the Department. When a child care facility failsto maintain a compliance history of at least seventy‑five percent (75%)for the past 18 months or during the length of time the facility has operated,whichever is less, as assessed by the Department, the Department may issue aprovisional license or Notice of Compliance.

e.         The Department shallprovide additional opportunities for child care providers to earn points forprogram standards and education levels of staff.

(5)        To revoke thelicense of any child care facility that ceases to meet the standardsestablished by this Article and rules on these standards adopted by theCommission, or that demonstrates a pattern of noncompliance with this Articleor the rules, or to deny a license to any applicant that fails to meet thestandards or the rules. These revocations and denials shall be done inaccordance with the procedures set out in G.S. 150B and this Article and rulesadopted by the Commission.

(6)        To prosecute ordefend on behalf of the State, through the office of the Attorney General, anylegal actions arising out of the administration or enforcement of this Article.

(7)        To promote andcoordinate educational programs and materials for operators of child carefacilities which are designed to improve the quality of child care available inthe State, using the resources of other State and local agencies andeducational institutions where appropriate.

(8)        Repealed by SessionLaws 1997‑506, s. 5.

(9)        To levy a civilpenalty pursuant to G.S. 110‑103.1, or an administrative penalty pursuantto G.S. 110‑102.2, or to order summary suspension of a license. Theseactions shall be done in accordance with the procedures set out in G.S. 150Band this Article and rules adopted by the Commission.

(10)      To issue final agencydecisions in all G.S. 150B contested cases proceedings filed as a result ofactions taken under this Article including, but not limited to the denial,revocation, or suspension of a license or the levying of a civil oradministrative penalty.

(11)      To issue a license toany child care arrangement that does not meet the definition of child carefacility in G.S. 110‑86 whenever the operator of the arrangement choosesto comply with the requirements of this Article and the rules adopted by theCommission and voluntarily applies for a child care facility license. TheCommission shall adopt rules for the issuance or removal of the licenses.

Notwithstandingany other provision of law, rules adopted by the Commission regarding a publicschool that voluntarily applies for a child care facility license shall providethat a classroom that meets the standards set out in G.S. 115C‑521.1shall satisfy child care facility licensure requirements as related to thephysical classroom.  (1971, c. 803, s. 1; 1975, c. 879, s. 15; 1985, c. 757, ss. 155(g),156(cc), (dd); 1987, c. 788, s. 4; c. 827, s. 233; 1991, c. 273, s. 3; 1993, c.185, s. 2; 1997‑443, s. 11A.118(a); 1997‑506, s. 5; 2003‑284,s. 34.12(a); 2005‑36, s. 1; 2009‑123, s. 2; 2009‑451, s.10.11.)

State Codes and Statutes

Statutes > North-carolina > Chapter_110 > GS_110-90

§ 110‑90.  Powers andduties of Secretary of Health and Human Services.

The Secretary shall have thefollowing powers and duties under the policies and rules of the Commission:

(1)        To administer thelicensing program for child care facilities.

(1a)      To establish a feefor the licensing of child care facilities. The fee does not apply to areligious‑sponsored child care facility operated pursuant to a letter ofcompliance. The amount of the fee may not exceed the amount listed in thissubdivision.

Capacityof Facility                                      Maximum Fee

12 orfewer children                                            $ 52.00

13‑50children                                                    $187.00

51‑100children                                                  $375.00

101or more children                                          $600.00

(2)        To obtain andcoordinate the necessary services from other State departments and units oflocal government which are necessary to implement the provisions of thisArticle.

(3)        To employ theadministrative personnel and staff as may be necessary to implement thisArticle where required services, inspections or reports are not available fromexisting State agencies and units of local government.

(4)        To issue a ratedlicense to any child care facility which meets the standards established bythis Article. The rating shall be based on the following:

a.         Before January 1,2008, for any child care facility currently holding a license of two to fivestars, the rating shall be based on program standards, education levels ofstaff, and compliance history of the child care facility. By January 1, 2008,the rating shall be based on program standards and education levels of staff.

b.         Effective January 1,2006, for any new license issued to a child care facility with a rating of twoto five stars, the rating shall be based on program standards and educationlevels of staff.

c.         By January 1, 2008,for any child care facility to maintain a license or Notice of Compliance, thechild care facility shall have a compliance history of at least seventy‑fivepercent (75%), as assessed by the Department. When a child care facility failsto maintain a compliance history of at least seventy‑five percent (75%)for the past 18 months or during the length of time the facility has operated,whichever is less, as assessed by the Department, the Department may issue aprovisional license or Notice of Compliance.

d.         Effective January 1,2006, for any new license or Notice of Compliance issued to a child carefacility, the facility shall maintain a compliance history of at least seventy‑fivepercent (75%), as assessed by the Department. When a child care facility failsto maintain a compliance history of at least seventy‑five percent (75%)for the past 18 months or during the length of time the facility has operated,whichever is less, as assessed by the Department, the Department may issue aprovisional license or Notice of Compliance.

e.         The Department shallprovide additional opportunities for child care providers to earn points forprogram standards and education levels of staff.

(5)        To revoke thelicense of any child care facility that ceases to meet the standardsestablished by this Article and rules on these standards adopted by theCommission, or that demonstrates a pattern of noncompliance with this Articleor the rules, or to deny a license to any applicant that fails to meet thestandards or the rules. These revocations and denials shall be done inaccordance with the procedures set out in G.S. 150B and this Article and rulesadopted by the Commission.

(6)        To prosecute ordefend on behalf of the State, through the office of the Attorney General, anylegal actions arising out of the administration or enforcement of this Article.

(7)        To promote andcoordinate educational programs and materials for operators of child carefacilities which are designed to improve the quality of child care available inthe State, using the resources of other State and local agencies andeducational institutions where appropriate.

(8)        Repealed by SessionLaws 1997‑506, s. 5.

(9)        To levy a civilpenalty pursuant to G.S. 110‑103.1, or an administrative penalty pursuantto G.S. 110‑102.2, or to order summary suspension of a license. Theseactions shall be done in accordance with the procedures set out in G.S. 150Band this Article and rules adopted by the Commission.

(10)      To issue final agencydecisions in all G.S. 150B contested cases proceedings filed as a result ofactions taken under this Article including, but not limited to the denial,revocation, or suspension of a license or the levying of a civil oradministrative penalty.

(11)      To issue a license toany child care arrangement that does not meet the definition of child carefacility in G.S. 110‑86 whenever the operator of the arrangement choosesto comply with the requirements of this Article and the rules adopted by theCommission and voluntarily applies for a child care facility license. TheCommission shall adopt rules for the issuance or removal of the licenses.

Notwithstandingany other provision of law, rules adopted by the Commission regarding a publicschool that voluntarily applies for a child care facility license shall providethat a classroom that meets the standards set out in G.S. 115C‑521.1shall satisfy child care facility licensure requirements as related to thephysical classroom.  (1971, c. 803, s. 1; 1975, c. 879, s. 15; 1985, c. 757, ss. 155(g),156(cc), (dd); 1987, c. 788, s. 4; c. 827, s. 233; 1991, c. 273, s. 3; 1993, c.185, s. 2; 1997‑443, s. 11A.118(a); 1997‑506, s. 5; 2003‑284,s. 34.12(a); 2005‑36, s. 1; 2009‑123, s. 2; 2009‑451, s.10.11.)


State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_110 > GS_110-90

§ 110‑90.  Powers andduties of Secretary of Health and Human Services.

The Secretary shall have thefollowing powers and duties under the policies and rules of the Commission:

(1)        To administer thelicensing program for child care facilities.

(1a)      To establish a feefor the licensing of child care facilities. The fee does not apply to areligious‑sponsored child care facility operated pursuant to a letter ofcompliance. The amount of the fee may not exceed the amount listed in thissubdivision.

Capacityof Facility                                      Maximum Fee

12 orfewer children                                            $ 52.00

13‑50children                                                    $187.00

51‑100children                                                  $375.00

101or more children                                          $600.00

(2)        To obtain andcoordinate the necessary services from other State departments and units oflocal government which are necessary to implement the provisions of thisArticle.

(3)        To employ theadministrative personnel and staff as may be necessary to implement thisArticle where required services, inspections or reports are not available fromexisting State agencies and units of local government.

(4)        To issue a ratedlicense to any child care facility which meets the standards established bythis Article. The rating shall be based on the following:

a.         Before January 1,2008, for any child care facility currently holding a license of two to fivestars, the rating shall be based on program standards, education levels ofstaff, and compliance history of the child care facility. By January 1, 2008,the rating shall be based on program standards and education levels of staff.

b.         Effective January 1,2006, for any new license issued to a child care facility with a rating of twoto five stars, the rating shall be based on program standards and educationlevels of staff.

c.         By January 1, 2008,for any child care facility to maintain a license or Notice of Compliance, thechild care facility shall have a compliance history of at least seventy‑fivepercent (75%), as assessed by the Department. When a child care facility failsto maintain a compliance history of at least seventy‑five percent (75%)for the past 18 months or during the length of time the facility has operated,whichever is less, as assessed by the Department, the Department may issue aprovisional license or Notice of Compliance.

d.         Effective January 1,2006, for any new license or Notice of Compliance issued to a child carefacility, the facility shall maintain a compliance history of at least seventy‑fivepercent (75%), as assessed by the Department. When a child care facility failsto maintain a compliance history of at least seventy‑five percent (75%)for the past 18 months or during the length of time the facility has operated,whichever is less, as assessed by the Department, the Department may issue aprovisional license or Notice of Compliance.

e.         The Department shallprovide additional opportunities for child care providers to earn points forprogram standards and education levels of staff.

(5)        To revoke thelicense of any child care facility that ceases to meet the standardsestablished by this Article and rules on these standards adopted by theCommission, or that demonstrates a pattern of noncompliance with this Articleor the rules, or to deny a license to any applicant that fails to meet thestandards or the rules. These revocations and denials shall be done inaccordance with the procedures set out in G.S. 150B and this Article and rulesadopted by the Commission.

(6)        To prosecute ordefend on behalf of the State, through the office of the Attorney General, anylegal actions arising out of the administration or enforcement of this Article.

(7)        To promote andcoordinate educational programs and materials for operators of child carefacilities which are designed to improve the quality of child care available inthe State, using the resources of other State and local agencies andeducational institutions where appropriate.

(8)        Repealed by SessionLaws 1997‑506, s. 5.

(9)        To levy a civilpenalty pursuant to G.S. 110‑103.1, or an administrative penalty pursuantto G.S. 110‑102.2, or to order summary suspension of a license. Theseactions shall be done in accordance with the procedures set out in G.S. 150Band this Article and rules adopted by the Commission.

(10)      To issue final agencydecisions in all G.S. 150B contested cases proceedings filed as a result ofactions taken under this Article including, but not limited to the denial,revocation, or suspension of a license or the levying of a civil oradministrative penalty.

(11)      To issue a license toany child care arrangement that does not meet the definition of child carefacility in G.S. 110‑86 whenever the operator of the arrangement choosesto comply with the requirements of this Article and the rules adopted by theCommission and voluntarily applies for a child care facility license. TheCommission shall adopt rules for the issuance or removal of the licenses.

Notwithstandingany other provision of law, rules adopted by the Commission regarding a publicschool that voluntarily applies for a child care facility license shall providethat a classroom that meets the standards set out in G.S. 115C‑521.1shall satisfy child care facility licensure requirements as related to thephysical classroom.  (1971, c. 803, s. 1; 1975, c. 879, s. 15; 1985, c. 757, ss. 155(g),156(cc), (dd); 1987, c. 788, s. 4; c. 827, s. 233; 1991, c. 273, s. 3; 1993, c.185, s. 2; 1997‑443, s. 11A.118(a); 1997‑506, s. 5; 2003‑284,s. 34.12(a); 2005‑36, s. 1; 2009‑123, s. 2; 2009‑451, s.10.11.)

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