ARC 4752C
HUMAN SERVICES DEPARTMENT[441]
Adopted and Filed
Rule making related to preinspection visits and application process for child care centers
The Human Services Department hereby amends Chapter 109, “Child Care Centers,” Iowa Administrative Code.
Legal Authority for Rule Making
This rule making is adopted under the authority provided in Iowa Code section 234.6.
State or Federal Law Implemented
This rule making implements, in whole or in part, Iowa Code section 234.6.
Purpose and Summary
These amendments document the expectation of a preinspection visit prior to granting a new child care center permission to open. Preinspection visits occur in practice already. These amendments also clarify the expectation around Department receipt of the regulatory fee during application and when and where the fee is submitted. The amendments better align rules to current practice.
Public Comment and Changes to Rule Making
Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on August 14, 2019, as ARC 4603C. No public comments were received. No changes from the Notice have been made.
Adoption of Rule Making
This rule making was adopted by the Council on Human Services on October 9, 2019.
Fiscal Impact
This rule making has no fiscal impact to the State of Iowa.
Jobs Impact
After analysis and review of this rule making, no impact on jobs has been found.
Waivers
Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any, pursuant to rule 441—1.8(17A,217).
Review by Administrative Rules Review Committee
The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).
Effective Date
This rule making will become effective on December 11, 2019.
The following rule-making actions are adopted:
	Item 1. Amend subrule 109.2(1) as follows:
	109.2(1) Application for license.
	a.  and b.  No change.
	c. 	When a center makes a sufficient application for an initial license, the center may operate for a period of up to 120 calendar days from the date of issuance of the form granting permission to open without a license, pending a final licensing decision. A center has made a sufficient application when it has had an on-site visit and has submitted the following to the department:
	(1) to (4) No change.
	(5)	The regulatory fee as specified in subrule 109.2(7), and the fee is received by the department’s division of fiscal management.
	d. 	Applicants shall submit the regulatory fee as specified in subrule 109.2(7) to the department’s division of fiscal management.
	d.  e.	Applicants shall be notified of approval or denial of initial applications within 120 days from the date the application is submitted.
	(1) and (2) No change.
	e.  f.	The department shall not act on a licensing application for 12 months after an applicant’s child care center license has been denied or revoked.
	f.  g.	When the department has denied or revoked a license, the applicant or person shall be prohibited from involvement with child care unless the department specifically permits involvement through a record check decision.
	Item 2. Amend paragraph 109.2(4)“f” as follows:
	f. 	The regulatory fee as specified in subrule 109.2(7) is not received by the department’s division of fiscal management by within 60 calendar days from the due date indicated on the child care center licensing fee invoice.
	Item 3. Amend subrule 109.2(7) as follows:
	109.2(7) Regulatory fees. A fee based upon center capacity is due to the department before the at the time of issuance of the license in accordance with this subrule.
	a.  to c.  No change.
	d. 	Payment. The center shall return the child care center licensing fee invoice to the department with the licensing fee payment within 30 60 calendar days from the date of on the licensing consultant’s or designee’s signature on the invoice. Payment may be in the form of cash, check, money order, or cashier’s check. Regulatory fees are nonrefundable and nontransferable.
	(1)	Payment must be received before the department will issue a full or provisional license.
	(2)	Regulatory fees are nonrefundable and nontransferable.
	Item 4. Amend rule 441—109.3(237A), introductory paragraph, as follows:
441—109.3(237A) Inspection and evaluation. The department shall conduct an unannounced on-site visit in order to make a licensing recommendation for all initial and renewal applications for licensure and shall determine compliance with licensing standards imposed by licensing laws and these rules when a complaint is received.
[Filed 10/17/19, effective 12/11/19]
[Published 11/6/19]
Editor’s Note: For replacement pages for IAC, see IAC Supplement 11/6/19.