170-295-0120  <<  170-295-0130 >>   170-295-0140

When can an individual be fined for operating an unlicensed program?

(1) If the department receives information that an individual is operating a child care center without a license, the department investigates the allegation.
(2) If the department suspects that an individual is providing unlicensed child care, the department will send the individual written notice within ten calendar days to explain:
(a) Why the department suspects that the individual is providing child care without a license;
(b) That a license is required and why;
(c) That the individual must immediately stop providing child care;
(d) That if the individual seeks to obtain a license, within thirty calendar days from the date of the department's notice in this subsection, the individual must submit a written agreement on a department form stating that he or she agrees to:
(i) Attend the next available department child care licensing orientation; and
(ii) Submit a child care licensing application after completing orientation; and
(e) That the department has the authority to issue a fine of two hundred fifty dollars per day for each day that the individual continues to provide child care without a license.
(3) The department's written notice in subsection (2) of this section must inform the individual providing unlicensed child care:
(a) How to respond to the department;
(b) How to apply for a license;
(c) How a fine, if issued, may be suspended or withdrawn;
(d) That the individual has a right to request an adjudicative proceeding (hearing) if a fine is assessed; and
(e) How to ask for a hearing.
(4) If an individual providing unlicensed child care does not submit an agreement to obtain a license as provided in subsection (2)(d) of this section within thirty calendar days from the date of the department's written notice, the department will post information on its web site that the individual is providing child care without a license.
[Statutory Authority: RCW 43.215.070, 43.215.060, and chapter 43.215 RCW. WSR 12-09-061, § 170-295-0130, filed 4/17/12, effective 5/18/12. Statutory Authority: Chapter 43.215 RCW and 2006 c 265. WSR 08-08-012, § 170-295-0130, filed 3/19/08, effective 4/19/08. WSR 06-15-075, recodified as § 170-295-0130, filed 7/13/06, effective 7/13/06. Statutory Authority: Chapters 74.12 and 74.15 RCW. WSR 03-14-110, § 388-295-0130, filed 6/30/03, effective 8/1/03.]
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