10A NCAC 09 .2206         SUSPENSION

A suspension of a license or suspension of a notice of compliance may be issued to an operator in accordance with the factors listed in 10A NCAC 09 .2201(b) for a time period not to exceed one year for the following reasons:

(1)           the operator of the child care facility is a corporate entity that has been placed under revenue suspension by the North Carolina Secretary of State;

(2)           when the Division has issued a provisional child care facility license or notice of compliance related to building, fire, or sanitation requirements and the operator has failed to comply;

(3)           to allow a specific time period for correcting a violation of building, fire, or sanitation requirements, provided that the appropriate inspector documents that closure of the child care facility is necessary to protect health or safety of children during correction;

(4)           when a facility is required to test for lead poisoning hazards as defined in G.S. 130A-131.7(7) or asbestos hazards or the Division has requested such testing to determine compliance with 10A NCAC 09 .0601(f) or 10A NCAC 09 .1707(2) and an operator has failed to test for lead poisoning hazards as defined in G.S. 130A-131.7(7) or asbestos hazards; or

(5)           when a disapproved sanitation classification is issued to a child care facility. The suspension of a child care facility license or suspension of a notice of compliance shall not be stayed during the pendency of an appeal.

History Note:        Authority G.S. 110-88; 110-90; 110‑102.2; 143B‑168.3; 150B‑3;

Eff. July 1, 1988;

Amended Eff. April 1, 2001; November 1989;

Readopted Eff. February 1, 2019 (Transferred from 10A NCAC 09 .2205);

Amended Eff. January 1, 2024; February 1, 2021.