Section 3290.12. Negative sanctions

(a) If the Department’s agent records noncompliance with the registration law or this chapter during an inspection, the operator shall submit a written plan to correct the noncompliance. The operator shall establish in writing, with the Department’s agent, an acceptable period of time in which the noncompliance will be corrected.

(b) The Department may deny issuance of a certificate of registration to an operator for one or more of the following reasons:

(1) Failure to certify compliance with the registration law or this chapter.

(2) Fraud or deceit in the self-certification process.

(3) Failure to meet the requirements of the CPSL.

(c) The Department may refuse to renew or may revoke a certificate of registration to an operator for one or more of the following reasons:

(1) Noncompliance with the registration law or this chapter.

(2) Fraud or deceit in the self-certification process.

(3) Lending, borrowing or using the certificate of another operator, or in any way knowingly aiding the improper issuance of a certificate of registration.

(4) Gross incompetence, negligence or misconduct in operating the facility.

(5) Mistreating or abusing children cared for in the facility.

(6) Failure to submit to the Department an acceptable plan to correct noncompliance.

(7) Failure to comply with the acceptable plan to correct noncompliance.

(d) The Department will review and may deny, refuse to renew or revoke a certificate of registration to an operator if one or more of the following applies to an operator, staff person, volunteer or another person present at the facility while children are in care.

(1) The person is convicted of a felony.

(2) The person is convicted of a crime involving child abuse, child neglect, moral corruptness or physical violence.

(3) The person demonstrates a mental illness which creates a risk to children that is determined and documented by a physician or CRNP.

(4) The person evidences drug or alcohol addiction within the most recent 12-month period that is determined and documented by a physician or CRNP.

(5) The person is named in accordance with the CPSL as a perpetrator in an indicated or founded report of child abuse.