Passed by the Senate April 18, 2011 YEAS 47   BRAD OWEN ________________________________________ President of the Senate Passed by the House April 5, 2011 YEAS 57   FRANK CHOPP ________________________________________ Speaker of the House of Representatives | I, Thomas Hoemann, Secretary of the Senate of the State of Washington, do hereby certify that the attached is SUBSTITUTE SENATE BILL 5504 as passed by the Senate and the House of Representatives on the dates hereon set forth. THOMAS HOEMANN ________________________________________ Secretary | |
Approved May 10, 2011, 3:49 p.m. CHRISTINE GREGOIRE ________________________________________ Governor of the State of Washington | May 11, 2011 Secretary of State State of Washington |
State of Washington | 62nd Legislature | 2011 Regular Session |
READ FIRST TIME 02/21/11.
AN ACT Relating to unlicensed child care; amending RCW 43.215.300 and 43.215.370; adding a new section to chapter 43.215 RCW; creating a new section; and prescribing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 43.215.300 and 2007 c 17 s 2 are each amended to read
as follows:
(1) An agency may be denied a license, or any license issued
pursuant to this chapter may be suspended, revoked, modified, or not
renewed by the director upon proof (a) that the agency has failed or
refused to comply with the provisions of this chapter or the
requirements adopted pursuant to this chapter; or (b) that the
conditions required for the issuance of a license under this chapter
have ceased to exist with respect to such licenses. RCW 43.215.305
governs notice of a license denial, revocation, suspension, or
modification and provides the right to an adjudicative proceeding.
(2) In any adjudicative proceeding regarding the denial,
modification, suspension, or revocation of any license under this
chapter, the department's decision shall be upheld if it is supported
by a preponderance of the evidence.
(3)(a) The department may assess civil monetary penalties upon
proof that an agency has failed or refused to comply with the rules
adopted under this chapter or that an agency subject to licensing under
this chapter is operating without a license except that civil monetary
penalties shall not be levied against a licensed foster home.
(b) Monetary penalties levied against unlicensed agencies that
submit an application for licensure within thirty days of notification
and subsequently become licensed will be forgiven. These penalties may
be assessed in addition to or in lieu of other disciplinary actions.
Civil monetary penalties, if imposed, may be assessed and collected,
with interest, for each day an agency is or was out of compliance.
(c) Civil monetary penalties shall not exceed ((seventy-five)) one
hundred fifty dollars per violation for a family day care home and two
hundred fifty dollars per violation for child day care centers. Each
day upon which the same or substantially similar action occurs is a
separate violation subject to the assessment of a separate penalty.
(d) The department shall provide a notification period before a
monetary penalty is effective and may forgive the penalty levied if the
agency comes into compliance during this period.
(e) The department may suspend, revoke, or not renew a license for
failure to pay a civil monetary penalty it has assessed pursuant to
this chapter within ten days after such assessment becomes final. RCW
43.215.307 governs notice of a civil monetary penalty and provides the
right to an adjudicative proceeding. The preponderance of evidence
standard shall apply in adjudicative proceedings related to assessment
of civil monetary penalties.
(4)(a) In addition to or in lieu of an enforcement action being
taken, the department may place a child day care center or family day
care provider on nonreferral status if the center or provider has
failed or refused to comply with this chapter or rules adopted under
this chapter or an enforcement action has been taken. The nonreferral
status may continue until the department determines that: (i) No
enforcement action is appropriate; or (ii) a corrective action plan has
been successfully concluded.
(b) Whenever a child day care center or family day care provider is
placed on nonreferral status, the department shall provide written
notification to the child day care center or family day care provider.
(5) The department shall notify appropriate public and private
child care resource and referral agencies of the department's decision
to: (a) Take an enforcement action against a child day care center or
family day care provider; or (b) place or remove a child day care
center or family day care provider on nonreferral status.
Sec. 2 RCW 43.215.370 and 2007 c 415 s 9 are each amended to read
as follows:
For the purposes of reporting actions taken against agency
licensees, upon the development of an early learning information
system, the following actions shall be posted to the department's web
site accessible by the public: Suspension, surrender, revocation,
denial, stayed suspension, or reinstatement of a license. The
department shall also post on the web site those agencies subject to
licensing that have not initiated the licensing process within thirty
days of the department's notification as required in RCW 43.215.300.
NEW SECTION. Sec. 3 A new section is added to chapter 43.215 RCW
to read as follows:
When the department suspects that an agency is providing child care
services without a license, it shall send notice to that agency within
ten days. The notice shall include, but not be limited to, the
following information:
(1) That a license is required and the reasons why;
(2) That the agency is suspected of providing child care without a
license;
(3) That the agency must immediately stop providing child care
until the agency becomes licensed;
(4) That the department can issue a penalty of one hundred fifty
dollars per day for each day a family day care home provided care
without being licensed and two hundred fifty dollars for each day a
child day care center provided care without being licensed;
(5) That if the agency does not initiate the licensing process
within thirty days of the date of the notice, the department will post
on its web site that the agency is providing child care without a
license.
NEW SECTION. Sec. 4 This act shall be known and cited as the
Colby Thompson act.