(1) issuance of written inspection reports which include corrective action plans, requests to submit a corrective action plan to the office, and notices of intention to initiate enforcement through the imposition of a fine or the limitation, suspension, termination, revocation, or denial of a license or registration;

(2) meetings or telephone conversations between a program and the office to discuss corrective action plans;

(3) the holding of hearings to determine if a licensee or registrant has failed to comply with applicable law and regulation which resulted in the assessment of fines, suspension, limitation, revocation, or denial of the license or registration;

(4) determinations, after hearings, that civil penalties should be imposed;

(5) determinations to deny, reject, revoke, terminate, suspend or limit a license or registration;

(6) issuance of orders to cease and desist operation of day care services, commissioner's orders, or orders approved by a justice of the Supreme Court, requiring a person or entity to immediately remedy conditions dangerous to children receiving child day care;

(7) temporary suspension or limitation of a license or registration upon finding that the public health or child's safety or welfare are in imminent danger;

(8) requests to the Attorney General to seek injunctive relief against licensee or registrant for violations or threatened violations of law or regulation;

(9) requests to the Attorney General to take such action as is necessary to collect civil penalties, seek criminal prosecution, or to bring about compliance with any outstanding hearing decision or order;

(10) publication in local newspapers of the names and addresses of child day care licensees or registrants whose licenses, registrations or applications for licensure or registration have been rejected, denied, limited, suspended, terminated or revoked, or against whom a fine has been assessed after an administrative hearing;

(11) referrals to law enforcement, including but not limited to district attorneys of any child day care provider that has been directed to cease and desist operations by the office pursuant to existing law that has not ceased operations; or

(12) requests to the district attorney to take such action as is necessary to seek criminal prosecution.

(1) Any violation of applicable statutes or regulations will be a basis to deny, reject, limit, suspend, revoke or terminate a license or registration.

(2) Consistent with article 23-A of the Correction Law and office guidelines referenced in subdivision two of section 425 of the Social Services Law, if the office is made aware of the existence of a criminal conviction or pending criminal charge concerning the owner of a family day care home, group family day care home, school-age child care program, or child day care center; or concerning any employee, caregiver or volunteer in such homes, programs, or centers; or any person age 18 or over who resides in such a home, such conviction or charge may be a basis to deny, reject, limit, suspend, revoke or terminate the license or registration. When the office is made aware of a conviction or charge, the office shall act in accordance with the provisions of section 413.4 of this Part.

(3) Before a license or registration is revoked or terminated, or when an application for a license or registration is denied or rejected, the applicant for or holder of such license or registration is entitled to a hearing before the office.

(4) The request for such hearing must be made in writing within 30 days of the receipt of written notice of the revocation, termination, denial or rejection.

(5) The revocation, termination, denial or rejection will become final if the applicant or holder fails to request a hearing within the 30 day period.

(6) The office may require the program to post the revocation or termination of licensure or registration on the premises of the facility.

(1) A license or registration will be temporarily suspended or limited in its terms without a hearing upon written notification to the holder of the license or registration by the office of a finding that the public health or a child's safety or welfare is in imminent danger.

(2) The holder of the license or registration has 10 days from the date of the written notice of the suspension or limitation of the license or registration to request a hearing before the office. Such a request must be in writing.

(3) Failure to make such a request will be prima facie evidence that the finding of imminent danger is valid, and the temporary suspension or limitation will continue in effect until the office has determined that the condition requiring such suspension or limitation is corrected or the license or registration is permanently revoked or terminated pursuant to subdivision (c) of this section.

(4) If the holder requests a hearing, the temporary suspension or limitation will continue in effect until the office has determined that the condition requiring such suspension or limitation is corrected, the license or registration is permanently revoked or terminated pursuant to subdivision (c) of this section, or a hearing decision orders the lifting of the suspension or limitation.

(5) The office may require the program to post the notice of suspension or limitation of licensure or registration on the premises of the facility.

(6) When an enforcement action for suspension, limitation or revocation is commenced against a child care provider that owns multiple programs, the office is authorized to assess the health and safety of the children in the other program(s) owned and/or operated by such provider and take appropriate action to protect the health and safety of children when warranted.

(1) A fine of up to $500 per day may be assessed against any person for the provision of child day care without a license or registration.

(2) Such a fine will not be imposed until a hearing has been conducted and a decision has been issued. It is the office's responsibility to request and schedule such hearings.

(3) Rectification of operation without a license or registration, either by becoming licensed or registered or by ceasing operation, will not preclude the assessment of a fine for the period of operation without a license or registration.

(1) In addition to any other civil or criminal penalty provided by law including but not limited to the denial, rejection, termination, revocation, limitation or suspension of a license or registration, a fine of up to $500 per day may be assessed against any child day care provider for any violation of office regulations.

(2) Such a fine will not be imposed until a hearing has been conducted and a decision has been issued. It is the office's responsibility to request and schedule such hearings.

(3) Fines will be determined according to the following classifications:

(4) Where a child care licensee or registrant demonstrates that corrective action has been taken within 30 days of notification of the violation, a fine will not be imposed, except in cases where:

(1) The office, through duly authorized representatives or agents of the office, may make announced or unannounced inspections of the records and premises of any child day care program, whether or not such program is licensed by or registered with the office. To the maximum extent possible, the office will make unannounced inspections of the records and premises of any program after the office receives a complaint that, if true, would indicate such program does not comply with the regulations of the office or with statutory requirements.

(2) Child day care programs must admit inspectors and other representatives of the office onto the grounds and premises at any time during their hours of operation as those hours are documented in the application or while children are in care for the purpose of conducting inspections. Such inspectors and representatives must be given free access to the entire grounds and premises used by the program, staff and children, and to program records of the program.

(3) Posting of compliance history report and notice of suspension or limitation.

(4) Failure to comply with the requirement to be licensed or registered.

(5) An unlicensed or unregistered program suspected of operating a child care program for which a license or registration is required must, upon request of the office, submit a signed statement explaining how the individual providing care is related to a parent or step-parent of every child in care. The office may request a signed statement from the parent or step-parent of each child, stating the familial relationship to the individual providing care. In the absence of any documentation, the office may determine that the individual providing care is not related to the parent or step-parent within the third degree of consanguinity.

(1) Where an authorized agency, as defined in Social Services Law section 371, is subsidizing child day care pursuant to New York State Social Services Law, the authorized agency may submit to the office, justification for a need to impose additional requirements upon licensed or registered child care programs and a plan to monitor compliance with such additional requirements. No such additional requirements or monitoring may be imposed without the written approval of the office.

(2) An authorized agency may refuse to allow a licensed or registered child care program that is not in compliance with Social Services Law, office regulations, or any approved additional requirements of the authorized agency to provide child day care to the child. In accordance with the plan approved by the office, an authorized agency shall have the right to make announced or unannounced inspections of the records and premises of any program who provides care for such children, including the right to make inspections prior to subsidized children receiving care in a home where the inspection is for the purpose of determining whether the program is in compliance with applicable law and regulations and any additional requirements imposed upon such program by the authorized agency. Where an authorized agency makes such inspections, the authorized agency shall notify the office immediately of any violations of this section or regulations promulgated hereunder, and shall provide the office with an inspection report whether or not violations were found, documenting the results of such inspection.

(3) Nothing contained herein shall diminish the authority of the office to conduct inspections or provide for inspections through purchase of services. Nothing contained herein shall obligate the office to take any action to enforce any additional requirements imposed on licensed or registered programs by an authorized agency.

(4) Individual local social services districts may alter their participation in activities related to arranging for, subsidizing, delivering and monitoring the provision of subsidized child day care provided, however, that the total participation of an individual district in all activities related to the provision of subsidized child day care shall be no less than the participation level engaged in by such individual district as required by Social Services Law section 390(3)(f).

(1) The office shall deny a new application for licensure or registration made by an individual or entity whose license or registration was previously revoked or terminated, for a period of two years from the date that the revocation or termination of the license or registration became finally effective, unless the office determines, in its discretion, that approval of the application will not in any way jeopardize the health, safety or welfare of children in care. For this purpose, the date that the revocation or termination became finally effective shall be, as applicable:

(2) The office shall deny a new application for licensure or registration made by an individual or entity who is enjoined or otherwise prohibited by a court order from operation of a day care center, group family day care home, family day care home or school-age child care program without a license or registration for a period of two years from the date of the court order unless the court order specifically enjoins the individual or entity from providing day care for a period longer than two years, in which case the office shall deny any new application made by the individual or entity while so enjoined.

(3) The office shall deny a new application for licensure or registration made by an individual or entity who is assessed a second civil penalty by such office for having operated a day care center, group family day care home, family day care home or school-age child care program without a license or registration for a period of two years from the date of the second fine. For this purpose, the date of the second fine shall be either the date upon which the individual or entity signs a stipulation agreement to pay the second fine or the date upon which a hearing decision is issued affirming the determination of such office to impose the second fine, as applicable.

(4) A licensee or registrant who surrenders a license or registration while the office is engaged in enforcement seeking suspension, revocation or termination of the license or registration, shall be deemed to have had the license or registration revoked or terminated and shall be subject to the prohibitions against licensing or registration pursuant to paragraph (1) of this subdivision for a period of two years from the date of surrender of the license or registration.