Original Notice.

     Preproposal statement of inquiry was filed as WSR 11-12-076.

     Title of Rule and Other Identifying Information: The department of early learning (DEL) is proposing amended and new sections in chapters 170-151 and 170-295 WAC to implement SB 5625 (chapter 297, Laws of 2011). The rules establish the requirements for a DEL-licensed child care agency to obtain and continue a "nonexpiring" license as established by SB 5625.

     Hearing Location(s): DEL, Tumwater Office, Nisqually Room, 6860 Capitol Boulevard S.E., Building 2, Tumwater, WA 98501, on Tuesday, February 7, 2012, at 6:00 p.m.; and at the Northeast Washington Educational Services District 101, 4202 South Regal, Spokane, WA 99223, on Saturday, February 11, 2012, at 11:00 a.m.

     Individuals may arrive after the posted start time and still participate in these hearing[s]. However, the presiding officer may close the hearing if there are no public participants in attendance, or after all persons who indicated they wish to testify have done so. The public is encouraged to give input in writing:

     The deadline for sending written comments on the proposed rules is midnight on Monday, February 13, 2012. See the "Submit Written Comments to" section of this notice about how to submit written input on this proposal.

     DEL encourages the public to use of the department Facebook and DEL blog pages on the internet to post input about DEL programs and initiatives. However, for a written comment to be considered part of the official record for this proposal, the comment must be received at the on-line, e-mail, fax or postal mail locations as described in this notice under "Submit Written Comments to."

     Everyone who comments on the proposed rules either in writing as provided in this notice or at a public hearing will receive the department's combined written response, called a concise explanatory statement. This statement is also available to anyone who requests it, by contacting the DEL rules coordinator at the address below, or by e-mailing Rules@del.wa.gov.

     Date of Intended Adoption: Not earlier than February 14, 2012.

     Submit Written Comments to: DEL, Rules Coordinator, P.O. Box 40970, Olympia, WA 98504-0970, on-line at https://apps.del.wa.gov/PolicyProposalComment/Detail.aspx, e-mail Rules@del.wa.gov, fax (360) 413-3482, by February 13, 2012.

     Assistance for Persons with Disabilities: Contact DEL rules coordinator by February 2, 2012, (360) 725-4424.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Prior to enactment of SB 5625 (chapter 297, Laws of 2011), a "full" child care license was issued for a period of three years. To renew the license, the child care provider submitted a renewal application that in many respects included the same elements and level of detail as an application for a new child care license.

     SB 5625 eliminated the three-year renewal of a child care license and establishes a simplified annual process for licensees to continue a nonexpiring license. The proposed rules describe the requirements for a child care provider operating under a DEL initial license to obtain "nonexpiring full license" status, and once obtained, the annual requirements for continuing the nonexpiring full license. Under the rules, to maintain a nonexpiring license the licensee must, by thirty days before the annual anniversary date of the child care license:

•	Pay the annual license fee;
•	Submit a signed declaration:

-	Indicating the licensee's intent to continue his or her child care program (or tell DEL the date the licensee plans to cease child care operations), and
-	Stating that the licensee is in compliance with all DEL licensing rules; and

•	Verify that each employee and others associated with the child care who are required to have a DEL background check clearance either have such a clearance or have submitted current DEL background check application.

     Under the bill and the proposed rules, a child care license expires if the licensee does not meet the annual requirements to maintain a nonexpiring full license. If so, the child care agency must close and the provider must submit a new license application and obtain a new license.

     The proposal revises other sections of chapters 170-151 and 170-295 WAC consistent with provisions in SB 5625 regarding:

•	Payment of annual license fees;
•	Enforcement actions; and
•	Probationary licenses.

     Proposal of this rule is consistent with state office of financial management guidance regarding implementation of Executive Order 10-06 suspending noncritical rule making (extended by Executive Order 11-03), but allowing rules to proceed that are:

     "Required by federal or state law or required to maintain federally delegated or authorized programs;" or

     "Beneficial to or requested or supported by the regulated entities, local governments or small businesses that it affects."

     The proposed rules are needed to implement SB 5625 and remove requirements that are inconsistent with the new law. Small child care business owners and their advocates testified in support enacting SB 5625 during the 2011 legislative session.

     Reasons Supporting Proposal: The proposed rules implement 2011 SB 5625, and simplify the process and paperwork that licensed child care agencies must provide to maintain a DEL child care license. In legislative hearings, child care licensees and licensee advocates supported passage of SB 5625.

     Statutory Authority for Adoption: RCW 43.215.070, 43.215.060 and 43.43.832(6); chapter 43.215 RCW.

     Statute Being Implemented: Chapter 43.215 RCW as amended by chapter 297, Laws of 2011.

     Rule is not necessitated by federal law, federal or state court decision.

     Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: The proposed rules apply to DEL child care centers and school-age center programs. Rules for licensed family home child care agencies implementing SB 5625 were adopted in new chapter 170-296A WAC filed for permanent adoption as WSR 11-23-068. When adopted, the proposed rules are intended to replace emergency rules filed since July 2011 as WSR 11-15-091 and 11-19-066.

     Name of Proponent: DEL, governmental.

     Name of Agency Personnel Responsible for Drafting: Lynne Shanafelt, Licensing Adminis., DEL State Office, P.O. Box 40970, Olympia, WA 98504, (360) 725-2829; Implementation and Enforcement: DEL licensing offices, statewide.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed rules are not expected to impose new costs on businesses that are required to comply. If the rules result in costs, those costs are not expected to be "more than minor" as defined in chapter 19.85 RCW. The proposed rules may decrease costs to affected businesses by reducing the administrative and paperwork requirements for maintaining a current DEL child care license.

     A cost-benefit analysis is not required under RCW 34.05.328. DEL is not among the agencies listed as required to comply with RCW 34.05.328.

January 4, 2012

Elizabeth M. Hyde

Director

OTS-4139.5

AMENDATORY SECTION(Amending WSR 08-08-012, filed 3/19/08, effective 4/19/08)

WAC 170-151-010   What definitions are important for the school-age child care center program?   The following definitions are important under this chapter:

     "Capacity" means the maximum number of children the licensee is authorized to have on the premises at a given time.

     "Child abuse or neglect" means the injury, sexual abuse, sexual exploitation, or negligent treatment or maltreatment of a child as defined in RCW 26.44.020 and chapter 388-15 WAC.

     "Department" means the state department of early learning (DEL), or its predecessor the department of social and health services (DSHS), the state agency with the legal authority to regulate and certify school-age child care centers.

     "Department of health" means the state department of health.

     "I," "you," and "your" refer to and mean the licensee or applicant for child care license.

     "License" means a permit issued by the department to a person or organization to operate a school-age child care center and affirming the licensee meets requirements under licensure.

     "Licensee" means the person, organization, or legal entity named on the facility license and responsible for operating the center.

     "Licensor" means the person employed by the department to regulate and license a school-age child care center.

     "Nonexpiring license" or "nonexpiring full license" means a full license that is issued to a licensee following the initial licensing period as provided in WAC 170-151-087.

     "Premises" means the building where the center is located and the adjoining grounds over which the licensee has control.

     "School-age child" means a child five years of age through twelve years of age enrolled in a public or private school.

     "School-age child care center" means a program operating in a facility other than a private residence, accountable for school-age children when school is not in session. The program must meet department licensing requirements, provide adult-supervised care, and a variety of developmentally appropriate activities.

     "Staff" means a person or persons employed by the licensee to provide child care and to supervise children served at the center.

     "The Washington state training and registry system (STARS)" means the entity approved by the department to determine the classes, courses, and workshops licensees and staff may take to satisfy the department's training requirements.

     "We" or "our" refer to and mean the department of early learning (DEL), including DEL licensors.

[Statutory Authority: Chapter 43.215 RCW and 2006 c 265. 08-08-012, § 170-151-010, filed 3/19/08, effective 4/19/08. 06-15-075, recodified as § 170-151-010, filed 7/13/06, effective 7/13/06. Statutory Authority: Chapter 74.15 RCW, RCW 74.08.090. 02-16-062, § 388-151-010, filed 8/2/02, effective 10/1/02. Statutory Authority: RCW 74.15.020. 01-02-031, § 388-151-010, filed 12/22/00, effective 1/22/01. Statutory Authority: RCW 74.15.030. 98-24-052, § 388-151-010, filed 11/25/98, effective 12/26/98. Statutory Authority: Chapter 74.15 RCW. 93-02-020 (Order 3493), § 388-151-010, filed 12/30/92, effective 1/30/93.]

     (a) Can demonstrate compliance with the rules contained in this chapter pertaining to the health and safety of the child in care; but

     (b) Cannot demonstrate compliance with the rules pertaining to:

     (i) Staff-child interactions((,));

     (ii) Group size and staff-child ratios((,));

     (iii) Behavior management and discipline((,));

     (iv) Activity programs((,));

     (v) Child records and information((,)); and

     (vi) Other rules requiring department observation of the applicant's ability to comply with rules((.)); and

     (c) Can provide a plan, acceptable to the department, to comply with rules found in subsection (1)(b) of this section.

     (2) The department may issue an initial license ((to you)) for a period not to exceed six months, renewable for a period not to exceed two years.

     (3) The department must evaluate ((your)) an applicant's ability to comply with all rules contained in this chapter during the period of initial licensure prior to issuing a nonexpiring full license under WAC 170-151-087.

     (4) The department may issue a nonexpiring full license to ((you if you)) a licensee operating under an initial license who:

     (a) Demonstrates ((your)) full compliance with ((all rules contained in)) the health and safety requirements of this chapter at any time during the period of initial licensure;

     (b) Demonstrates substantial compliance with the other requirements of this chapter at any time during the period of initial licensure; and

     (c) Meets the requirements for a nonexpiring full license as provided in WAC 170-151-087.

     (5) The department must ((not issue)) deny a nonexpiring full license to ((you if you do)) a licensee operating under an initial license who does not demonstrate the ability to comply with all rules contained in this chapter during the period of initial licensure.

[06-15-075, recodified as § 170-151-085, filed 7/13/06, effective 7/13/06. Statutory Authority: RCW 74.15.020. 01-02-031, § 388-151-085, filed 12/22/00, effective 1/22/01. Statutory Authority: RCW 74.15.030. 96-20-095, § 388-151-085, filed 10/1/96, effective 11/1/96.]

     (a) An annual nonrefundable licensing fee;

     (b) A declaration to the department on a department-approved form indicating:

     (i) The intent to continue operating a licensed child care program; or

     (ii) The intent to cease operation on a date certain;

     (c) A declaration on a department-approved form of compliance with all licensing rules; and

     (d) Documentation of completed background check applications as determined by the department-established schedule. As provided in RCW 43.215.215 (2)(f), as amended by chapter 295 (2SHB 1903), Laws of 2011, the schedule for submission of a background check application shall be once every three years. For each individual required to have a background check clearance, the licensee must verify current background checks or submit a background check application at least thirty days prior to the anniversary date.

     (2) The requirements in subsection (1) of this section must be met:

     (a) Before a licensee operating under an initial license is issued a nonexpiring full license; and

     (b) Every twelve months after issuance of a nonexpiring full license.

     (3) If a licensee fails to meet the requirements in subsection (1) of this section for continuation of a nonexpiring full license, the license expires and the licensee must submit a new application for licensure.

     (4) Nothing about the nonexpiring license process in this section may interfere with the department's established monitoring practice.

     (5) A licensee has no right to an adjudicative proceeding (hearing) to appeal the expiration, nonrenewal, or noncontinuation of a full nonexpiring license as a result of the licensee's failure to comply with the requirements of this section.

[]

[06-15-075, recodified as § 170-151-097, filed 7/13/06, effective 7/13/06. Statutory Authority: Chapter 74.15 RCW and RCW 34.05.395. 02-13-073, § 388-151-097, filed 6/14/02, effective 7/15/02. Statutory Authority: RCW 74.15.020. 01-02-031, § 388-151-097, filed 12/22/00, effective 1/22/01. Statutory Authority: RCW 74.15.030. 96-20-095, § 388-151-097, filed 10/1/96, effective 11/1/96.]

     (a) Willful or negligent noncompliance by ((you,)) the licensee;

     (b) History of noncompliance((,));

     (c) Extent of deviation from the requirements((,));

     (d) Evidence of a good faith effort to comply((,)); and

     (e) Any other factors relevant to the unique situation.

     (2) Where the negligent or willful violation of the licensing law does not present an immediate threat to the health and well-being of the children but would be likely to do so if allowed to continue, the department may issue a probationary license in addition to civil penalties or other sanctions. Such situations may include:

     (a) Substantiation that a child (or children) was abused or neglected while in the care of the center((,));

     (b) Disapproved fire safety or sanitation report((,));

     (c) Use of unauthorized space for child care((,));

     (d) Inadequate supervision of children((,));

     (e) Understaffing for the number of children in care((,)); or

     (f) Noncompliance with requirements addressing:

     (i) Children's health((,));

     (ii) Proper nutrition((,));

     (iii) Discipline((,));

     (iv) Emergency medical plan((,)); or

     (v) Sanitation and personal hygiene practices.

     (3) ((You)) The licensee must notify parents of all children in care or who may apply for care when the department issues a probationary license ((to you)). The licensee must:

     (a) ((You must)) Notify the parents or guardians of all children in care of the program's probationary status within five working days of receiving the department's notification that the department has issued a probationary license;

     (b) ((You must)) Notify parents and guardians in writing, and the department must approve the notice before ((you)) the licensee sends the notification; and

     (c) ((You must)) Provide documentation to the department that ((you have)) he or she has notified parents or guardians of all children in care within ten working days after ((you)) the licensee receives notification that the department has issued a probationary license. Documentation must consist of a copy of the letter ((you have)) the licensee has sent to the parents((;)) or guardians.

     (((d))) (4) The department may issue a probationary license for up to six months, and at the department's discretion, the department may extend the probationary license for an additional six months.

[06-15-075, recodified as § 170-151-098, filed 7/13/06, effective 7/13/06. Statutory Authority: RCW 74.15.020. 01-02-031, § 388-151-098, filed 12/22/00, effective 1/22/01. Statutory Authority: RCW 74.15.030. 96-20-095, § 388-151-098, filed 10/1/96, effective 11/1/96.]

     (9) Fee payments shall be by mail. Payment shall be by check, draft, or money order.)) (1) The department does not process an application or continuation until the applicant or licensee, as applicable, has paid the required fee.

     (2) Applicants or licensees can pay licensing fees for:

     (a) A minimum of one year; or

     (b) Multiple years.

     (3) Applicants and licensees must pay their fees by mailing a check or money order for the required amount to the department.

     (4) If there is a change in a facility that places the facility in a different fee category, the department prorates the additional fee amount over the remainder of the license period.

     (5) If an applicant or licensee withdraws an application before the department denies or issues a license, the fee shall not be refunded.

[Statutory Authority: Chapter 43.215 RCW and 2006 c 265. 08-08-012, § 170-151-992, filed 3/19/08, effective 4/19/08. 06-15-075, recodified as § 170-151-992, filed 7/13/06, effective 7/13/06. 00-23-088, recodified as § 388-151-992, filed 11/20/00, effective 11/20/00. Statutory Authority: 1982 c 201. 82-13-011 (Order 1825), § 440-44-010, filed 6/4/82.]

OTS-4140.5

AMENDATORY SECTION(Amending WSR 08-10-041, filed 4/30/08, effective 5/31/08)

WAC 170-295-0010   What definitions under this chapter apply to licensed child care providers?   "American Indian child" means any unmarried person under the age of eighteen who is:

     (1) A member or eligible for membership in a federally recognized Indian tribe, or who is Eskimo, Aleut, or other Alaska native and a member of an Alaskan native regional corporation or Alaska native village;

     (2) Determined or eligible to be found Indian by the Secretary of the Interior, including through issuance of a certificate of degree of Indian blood, or by the Indian health service;

     (3) Considered to be Indian by a federally recognized or nonfederally recognized Indian tribe; or

     (4) A member or entitled to be a member of a Canadian tribe or band, Metis community, or nonstatus Indian community from Canada.

     "Anti-bias" is an approach that works against biases and recognizes when others are treated unfairly or oppressively based on race, color, national origin, marital status, gender, sexual orientation, class, religion, creed, disability, or age.

     "Capacity ((that you are licensed for))" means the maximum number of children that ((you are)) a licensee is authorized to have on the premises of the child care at any one time.

     "Center" means the same as "child care center."

     "Certification" means department approval of a person, home, or facility that does not legally need to be licensed, but wants evidence that they meet the minimum licensing requirements (also see "Tribal certification").

     "Child abuse or neglect" means the physical abuse, sexual abuse, sexual exploitation, abandonment or negligent treatment or maltreatment of a child by any person indicating the child's health, welfare, and safety is harmed.

     "Child-accessible" means areas where children regularly have access such as: Entrances and exits to and from the center, classrooms or child care areas, playground area including equipment and fencing, parking areas, walkways, decks, platforms, stairs and any items available for children to use in these areas.

     "Child care center" means the same as a "child day care center" or a facility providing regularly scheduled care for a group of children one month of age through twelve years of age for periods less than twenty-four hours.

     "Clean" means to remove dirt and debris from a surface by scrubbing and washing with a detergent solution and rinsing with water. This process must be accomplished before sanitizing a surface.

     "CACFP" means child and adult care food program established by congress and funded by the United States Department of Agriculture (USDA).

     "Commercial kitchen equipment" means equipment designed for business purposes such as restaurants.

     "Communicable disease" means a disease caused by a microorganism (bacterium, virus, fungus, or parasite) that can be transmitted from person to person via an infected body fluid or respiratory spray, with or without an intermediary agent (such as a louse, or mosquito) or environmental object (such as a table surface).

     "Cultural relevancy" creates an environment that reflects home cultures, communities and lives of children enrolled in the program.

     "Department," "we," "us," or "our" refers to and means the state department of early learning (DEL) and its predecessor agency the department of social and health services (DSHS).

     "Developmentally appropriate practice":

     (1) Means that the provider should interact with each child in a way that recognizes and respects the child's chronological and developmental age;

     (2) Is based on knowledge about how children grow and learn; and

     (3) Reflects the developmental level of the individual child, and interactions and activities must be planned with the needs of the individual child in mind.

     "Director" means the person responsible for the overall management of the center's facility and operation, except that "DEL director" means the director of the department of early learning.

     "Disinfect" means to eliminate virtually all germs from inanimate surfaces through the use of chemicals or physical agents.

     "Domestic kitchen" means a kitchen equipped with residential appliances.

     "External medication" means a medication that is not intended to be swallowed or injected but is to be applied to the external parts of the body, such as medicated ointments, lotions, or liquids applied to the skin or hair.

     "I," "you," and "your" refer to and mean the licensee or applicant for a child care license.

     "Inaccessible to children" means stored or maintained in a manner preventing children from reaching, entering, or using potentially hazardous items or areas. Examples include but are not limited to: Quantities of water, sharp objects, medications, chemicals, electricity, fire, mechanical equipment, entrapment or fall areas.

     "Individual plan of care" means that the center's health policies and procedures do not cover the needs of the individual child so an individual plan is needed. Examples may include children with allergies, asthma, Down syndrome, tube feeding, diabetes care such as blood glucose monitoring, or nebulizer treatments.

     "Infant" means a child one-month through eleven months of age.

     "Lead teacher" means the person who is the lead child care staff person in charge of a child or group of children and implementing the activity program.

     "License" means a permit issued by the department authorizing ((you)) a licensee by law to operate a child care center and certifying that ((you)) the licensee meets the minimum requirements under licensure.

     "Licensee" or "you" means the person, organization, or legal entity responsible for operating the center.

     "Maximum potential capacity based on square footage" is the maximum number of children ((you)) a licensee can be licensed for based on the amount of useable space (square footage) in ((your)) the licensee's center. ((You)) The licensee may be licensed for less than the maximum potential capacity. ((You)) A licensee may not be licensed for more than the maximum potential capacity.

     "Moisture impervious" or "moisture resistant" means a surface incapable of being penetrated by water or liquids.

     "Nonexpiring license" or "nonexpiring full license" means a full license that is issued to a licensee following the initial licensing period as provided in WAC 170-295-0095.

     "Parent" means birth parent, custodial parent, foster parent, legal guardian, those authorized by the parent or other entity legally responsible for the welfare of the child.

     "Pesticides" means chemicals that are used to kill weeds, pests, particularly insects.

     "Potentially hazardous food" means any food or ingredient that requires temperature control because it supports rapid growth of infectious or toxin forming microorganisms.

     "Potable water" means water suitable for drinking by the public as determined by the state department of health or local health jurisdiction.

     "Premises" means the building where the center is located and the adjoining grounds over which ((you have)) the licensee has control.

     "Preschool age child" means a child thirty months through five years of age not attending kindergarten or elementary school.

     "Program supervisor" means the person responsible for planning and supervising the center's learning and activity program.

     "Sanitize" means a surface must be clean and the number of germs reduced to a level that disease transmissions by that surface are unlikely. This procedure is less vigorous than disinfection.

     "Satellite kitchen" means a food service establishment approved by a local health jurisdiction where food is stored, prepared, portioned or packaged for service elsewhere.

     "School-age child" means a child not less than five years through twelve years of age who has begun attending kindergarten or elementary school.

     "Staff" means a child care giver or group of child care givers employed by the licensee to supervise children served at the center who are authorized by DEL to care for or have unsupervised access to children under chapter 170-06 WAC.

     "Supervised access" refers to those individuals at a child care center who have no responsibility for the operation of the center and do not have unsupervised access to children. These individuals are not required to submit a background check form. This includes those persons on the premises for "time limited" activities whose presence is supervised by a center employee and does not affect provider/child ratios or the normal activities or routine of the center. Examples include:

     (1) A person hired to present an activity to the children in care such as a puppet show, cooking activity, and story telling;

     (2) Parent participation as part of a special theme; or

     (3) A relative visiting a child on the premises.

     "The Washington state training and registry system (STARS)" means the entity approved by the department to determine the classes, courses, and workshops licensees and staff may take to satisfy training requirement.

     "Toddler" means a child twelve months through twenty-nine months of age.

     "Terminal room cleaning" means thorough cleaning of walls, ceiling, floor and all equipment, and disinfecting as necessary, in a room which has been used by a person having a communicable disease before it is occupied by another person.

     "Tribal certification" means that the department has certified the tribe to receive state payment for children eligible to receive child care subsidies.

     "Unsupervised access" refers to those individuals at a child care center who can be left alone with children in the child care center. These individuals must have received a full background authorization clearance under chapter 170-06 WAC.

     "Useable space" means the areas that are available at all times for use by the children that do not cause a health or safety hazard.

[Statutory Authority: Chapter 43.215 RCW, RCW 43.43.832, 2006 c 265 and 2007 c 387. 08-10-041, § 170-295-0010, filed 4/30/08, effective 5/31/08. 06-15-075, recodified as § 170-295-0010, filed 7/13/06, effective 7/13/06. Statutory Authority: Chapters 74.12 and 74.15 RCW. 03-14-110, § 388-295-0010, filed 6/30/03, effective 8/1/03.]

     (1) ((We)) The department may issue an initial license when ((you)) an applicant can show that ((you are)) he or she is following the rules regarding the child's health and safety.

     (2) ((We)) The department may issue an initial license if ((you have)) an applicant has not yet opened for business, and so ((are)) is not yet able to show that ((you are)) he or she is complying with the rules pertaining to:

     (a) Staff to child interactions;

     (b) Group size and staff to child ratios;

     (c) Behavior management and discipline;

     (d) Activity programs;

     (e) Child records and information; and

     (f) Other rules that require us to observe ((your)) the facility's ability to comply with rules.

     (3) ((You)) Applicants must provide ((us)) the department with a plan to comply with the rules listed in subsection (2)(a) through (f) of this section. ((We)) The department must approve of that plan.

     (4) ((We)) The department may issue an initial license to an applicant for a period not to exceed six months, renewable for a period not to exceed two years.

     (5) When ((you have)) a licensee has an initial license ((we:

     (a) Evaluate your)) the department evaluates the licensee's ability to comply with all rules contained in this chapter prior to issuing a nonexpiring full license((;

     (b) May issue a full license to you when you have demonstrated compliance with chapter 170-295 WAC; and

     (c) Do not issue a full license to you if you do not demonstrate the ability to comply with all rules contained in chapter 170-295)) under WAC 170-295-0095.

     (6) ((You must pay licensing fees at the time you apply for an initial license and when your license is being renewed.

     (7) We do)) The department may issue a nonexpiring full license to a licensee operating under an initial license who:

     (a) Demonstrates full compliance with the health and safety requirements of this chapter at any time during the period of initial licensure;

     (b) Demonstrates substantial compliance with the other requirements of this chapter at any time during the period of initial licensure; and

     (c) Meets the requirements for a nonexpiring full license as provided in WAC 170-295-0095.

     (7) The department must deny a nonexpiring full license to a licensee operating under an initial license who does not demonstrate the ability to comply with all rules contained in this chapter during the period of initial licensure.

     (8) Fees are due with applications for initial licenses or continuations of a nonexpiring full license.

     (9) The department does not process ((your)) an application or continuation until ((you have)) the applicant or licensee, as applicable, has paid the required fee.

     (((8) You)) (10) Applicants or licensees can pay licensing fees for:

     (a) A minimum of one year; or

     (b) ((The entire length of your license.)) Multiple years.

     (((9) You pay your fee)) (11) Applicants and licensees pay their fees by mailing a check or money order for the required amount to the department((, according to instructions on the licensing application.

     (10) If you pay your fee one time per year, you pay the annual rate each time. The annual fee is due thirty days before each annual anniversary date of the license.

     (11) If you pay for more than one year, the total fee you pay is based on the annual fee rate. For example, if you are licensed for three years and want to pay the licensing fee for the entire period at once, you multiply the annual fee by three years, and pay that amount at the time of your license application or renewal)).

     (12) If there is a change in ((your)) a facility that places ((your)) the facility in a ((higher)) different fee category, ((we)) the department prorates the additional fee amount over the remainder of the license period.

     (13) If ((you)) an applicant or licensee withdraws ((your)) an application before ((we deny)) the department denies or issues a license, ((we refund one-half of)) the fee shall not be refunded.

     (((14) If there is a change that requires a new license, we refund any fee that remains after your next licensing date. A new license requires a new application and fee.

     (15) If we deny, revoke, or suspend your license, we do not refund your licensing fee.

     (16) If you reapply for a license after we revoke or suspend your license, you must pay a new license fee.

     (17) If you do not pay licensing fees when they are due, we suspend or deny your license.))

[Statutory Authority: Chapter 43.215 RCW and 2006 c 265. 08-08-012, § 170-295-0090, filed 3/19/08, effective 4/19/08. 06-15-075, recodified as § 170-295-0090, filed 7/13/06, effective 7/13/06. Statutory Authority: Chapters 74.12 and 74.15 RCW. 04-09-093, § 388-295-0090, filed 4/20/04, effective 5/21/04; 03-14-110, § 388-295-0090, filed 6/30/03, effective 8/1/03.]

     (a) An annual nonrefundable licensing fee;

     (b) A declaration to the department on a department-approved form indicating:

     (i) The intent to continue operating a licensed child care program; or

     (ii) The intent to cease operation on a date certain;

     (c) A declaration on a department-approved form of compliance with all licensing rules; and

     (d) Documentation of completed background check applications as determined by the department-established schedule. As provided in RCW 43.215.215 (2)(f), as amended by chapter 295 (2SHB 1903), Laws of 2011, the schedule for submission of a background check application shall be once every three years. For each individual required to have a background check clearance, the licensee must verify current background checks or submit a background check application at least thirty days prior to the anniversary date.

     (2) The requirements in subsection (1) of this section must be met:

     (a) Before a licensee operating under an initial license is issued a nonexpiring full license; and

     (b) Every twelve months after issuance of a nonexpiring full license.

     (3) If a licensee fails to meet the requirements in subsection (1) of this section for continuation of a nonexpiring full license, the license expires and the licensee must submit a new application for licensure.

     (4) Nothing about the nonexpiring license process in this section may interfere with the department's established monitoring practice.

     (5) A licensee has no right to an adjudicative proceeding (hearing) to appeal the expiration, nonrenewal, or noncontinuation of a full nonexpiring license as a result of the licensee's failure to comply with the requirements of this section.

[]

     (a) A description of the violation and a quote of the law or rule that ((you have)) the licensee has failed to meet;

     (b) A statement of what ((you)) the licensee must do to come into compliance;

     (c) The date by which ((we)) the department requires compliance;

     (d) Information about the maximum allowable penalty ((we)) the department can impose if ((you do)) the licensee does not come into compliance by the given date;

     (e) How ((you)) the licensee can get technical assistance services provided by ((us)) the department or by others; and

     (f) Information about how ((you)) the licensee can request an extension to the date ((you must)) to be in compliance, if ((we)) the department decides ((you have)) he or she has a good reason.

     (2) The length of time ((we establish)) the department establishes for ((you)) the licensee to come into compliance depends on:

     (a) The seriousness of the violation;

     (b) The potential threat to the health, safety and welfare of children in ((your)) the licensee's care; or

     (c) If ((you have)) the licensee has had previous opportunities to correct the deficiency and ((have)) has not done so.

     (3) ((We)) The department uses the following criteria to determine if ((we)) the department imposes a civil fine based on, but not limited to, these reasons:

     (a) The child care center has previously been subject to an enforcement action for the same or similar type of violation for the same statute or rule; or

     (b) The child care center has previously been given notice of the same or similar type of violation of the same law or rule; or

     (c) The violation represents a potential threat to the health, safety, and/or welfare of children in care.

     (4) ((We can)) The department may impose a civil fine in addition to or at the same time as other disciplinary actions against a child care center. These include probation, suspension, or other action.

     (5) ((You)) A licensee must pay any civil fines no more than twenty-eight days after ((you receive)) receiving the notice that ((you have)) he or she has a fine. ((We)) The department may specify a later date.

     (6) ((We can)) The department may waive the fine if ((your)) the licensee's center comes into compliance during the notification period.

     (7) ((You)) A licensee must post the final notice of a civil fine in a noticeable place in ((your)) his or her center. The notice must remain posted until ((we notify you)) the department notifies the licensee that ((we have)) the department has received ((your)) the payment.

     (8) Each violation of a law or rule is a separate violation. ((We can)) The department may penalize each violation. ((We can)) The department may impose a penalty for each day the violation continues or as a flat amount of the maximum allowable penalty.

     (9) If ((you)) a licensee fails to pay ((your)) a fine within ten days after the assessment becomes final, ((we can)) the department may suspend, revoke, or not ((renew your)) continue his or her license.

     (10) ((You)) Licensees have the right to a hearing when ((we assess)) the department assesses a civil fine under RCW 43.215.307 and chapter 170-03 WAC.

[Statutory Authority: Chapter 43.215 RCW and 2006 c 265. 08-08-012, § 170-295-0110, filed 3/19/08, effective 4/19/08. 06-15-075, recodified as § 170-295-0110, filed 7/13/06, effective 7/13/06. Statutory Authority: Chapters 74.12 and 74.15 RCW. 04-09-093, § 388-295-0110, filed 4/20/04, effective 5/21/04; 03-14-110, § 388-295-0110, filed 6/30/03, effective 8/1/03.]

     (a) ((Your)) The licensee's willful or negligent failure to comply with the regulations;

     (b) ((Your)) The licensee's history of noncompliance with the regulations;

     (c) How far ((you)) the licensee deviates from the regulations;

     (d) Evidence of ((your)) the licensee's good faith effort to comply with the regulations; and

     (e) Any other factors relevant to ((your)) the licensee's unique situation.

     (2) ((We can)) The department may issue a probationary license to ((you)) a licensee when the willful or negligent violation of the licensing requirements does not present an immediate threat to the health and well being of the children, but would be likely to do so if allowed to continue. ((We can)) The department may also issue civil fines or other sanctions in this case. Such situations can include:

     (a) Substantiation that a child was abused or neglected while in the care of the center;

     (b) A fire safety inspection or health/sanitation inspection report that has been disapproved;

     (c) Use of unauthorized space for child care;

     (d) Inadequate supervision of children;

     (e) Under staffing for the number of children in care; and

     (f) Noncompliance with requirements addressing children's health, proper nutrition, discipline, emergency medical plan, sanitation and personal hygiene practices.

     (3) ((You)) Licensees are required to notify parents when a probationary license is issued. ((You)) The licensee must:

     (a) Notify in writing the parents or guardians of all children in care that the center is in probationary status. This notification must be within five working days of ((your)) receiving notification of being placed on probationary status or being issued a probationary license. ((We)) The department must approve the notification before ((you)) the licensee sends it; and

     (b) Provide documentation to ((us)) the department that parents or guardians of all children in care have been notified. ((You)) The licensee must provide this documentation within ten working days of being notified that ((you have)) he or she has been issued a probationary license.

     (4) A probationary license ((can)) may be issued for up to six months and ((can)) may be extended at ((our)) the department's discretion for an additional six months.

[06-15-075, recodified as § 170-295-0140, filed 7/13/06, effective 7/13/06. Statutory Authority: Chapters 74.12 and 74.15 RCW. 03-14-110, § 388-295-0140, filed 6/30/03, effective 8/1/03.]

     (2))) copies of the most recent child care center((s)) monitoring checklist and facility licensing compliance agreement for any deficiencies noted.

[06-15-075, recodified as § 170-295-7040, filed 7/13/06, effective 7/13/06. Statutory Authority: Chapters 74.12 and 74.15 RCW. 04-09-093, § 388-295-7040, filed 4/20/04, effective 5/21/04; 03-14-110, § 388-295-7040, filed 6/30/03, effective 8/1/03.]

     (1) The center's child care license issued under this chapter;

     (2) A schedule of regular duty hours with the names of staff;

     (3) A typical activity schedule, including operating hours and scheduled mealtimes;

     (4) Meal and snack menus for the month;

     (5) Fire safety record and evacuation plans and procedures, including a diagram of exiting routes;

     (6) Emergency telephone numbers near the telephone;

     (7) Nondiscrimination poster;

     (8) For the staff, ((you)) the licensee must post:

     (a) Dietary restrictions and nutrition requirements for particular children;

     (b) Handwashing practices;

     (c) Diaper changing procedures, if applicable;

     (d) Disaster preparedness plan; and

     (e) Center policies and procedures.

     (9) ((You)) The licensee must post a notification advising parents that ((you are)) the licensee is required to keep ((the following licensing information available)) a file on-site for their review((:

     (a) Copies of the most recent child care center checklist for licensing renewal and facility licensing compliance agreement for any deficiencies noted; and

     (b))) containing copies of the most recent child care center((s)) monitoring checklist and facility licensing compliance agreement for any deficiencies noted.

[06-15-075, recodified as § 170-295-7080, filed 7/13/06, effective 7/13/06. Statutory Authority: Chapters 74.12 and 74.15 RCW. 03-14-110, § 388-295-7080, filed 6/30/03, effective 8/1/03.]

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