Title 922 | Chapter 002 | Regulation 190


922 KAR 2:190.Civil penalties.

Section 1.

Definitions.

(1)

"Cabinet" is defined by KRS 199.011(3) and 199.894(1).

(2)

"Child-care center" is defined by KRS 199.894(3).

(3)

"Licensee" means the owner or operator of a child-care center to include:

(a)

Sole proprietor;

(b)

Corporation;

(c)

Limited liability company;

(d)

Partnership;

(e)

Association; or

(f)

Organization, such as:

1.

Board of education;

2.

Private school;

3.

Faith-based organization;

4.

Government agency; or

5.

Institution.

(4)

"Office of Inspector General" or "OIG" means the organizational unit of the cabinet established in accordance with KRS 194A.030(1)(c) or its designee.

(5)

"Statement of deficiency" means a finding of a regulatory noncompliance issued in accordance with 922 KAR 2:090, Section 14.

Section 2.

Types of Violations. The cabinet shall issue a licensee a:

(1)

Type A violation if:

(a)

A child-care center violates a standard or a requirement specified in KRS 199.896, KRS 199.990(4), 922 KAR 2:090, 922 KAR 2:120, or 922 KAR 2:280; and

(b)

The violation creates harm, an imminent threat, or an imminent danger to the health, safety, or welfare of a child in the center's care, such as the center:

1.

Failing to:

a.

Provide for the health, safety, or welfare of a child in care that results in injury to the child, the child's hospitalization, or death of the child;

b.

Complete a background check required in accordance with 922 KAR 2:280;

c.

Remove a person with a disqualifying offense from contact with a child in care in accordance with 922 KAR 2:280;

d.

Comply with a suspension of services; or

e.

Administer discipline in accordance with 922 KAR 2:120, Section 2(8), 2(10), or 9(2);

2.

Falsifying records;

3.

Operating contrary to approved licensed services; or

4.

Changing location without prior approval of the cabinet; or

(2)

Type B violation if:

(a)

A child-care center violates a standard or requirement specified in KRS 199.896, KRS 199.990(4), 922 KAR 2:090, or 922 KAR 2:120; and

(b)

The violation presents a concern or risk to the health, safety, or welfare of a child in care, but does not create harm, an imminent threat, or an imminent danger to the child, such as the center:

1.

Failing to:

a.

Respond to a child's first aid and medical needs in accordance with 922 KAR 2:120, Section 7;

b.

Have staff currently certified in cardiopulmonary resuscitation and first aid in accordance with 922 KAR 2:090, Sections 11(3) through 11(5);

c.

Provide adequate supervision in accordance with 922 KAR 2:120, Section 2(3);

d.

Make toxic supplies inaccessible to a child in accordance with 922 KAR 2:120, Section 3(7) or 3(8); or

e.

Maintain sufficient records on a child in accordance with 922 KAR 2:090, Section 9;

2.

Releasing a child to a person who is not designated by the child's parent to pick up the child;

3.

Leaving a child alone with an underage caregiver; or

4.

Exceeding the staff-to-child ratios in 922 KAR 2:120, Section 2 by fifty (50) percent or more.

Section 3.

Assessment of a Civil Penalty.

(1)

The cabinet shall assess a civil penalty in accordance with KRS 199.896(8) and KRS 199.990(4).

(2)

A statement of deficiency shall be issued prior to, or concurrent with, the notice established in Section 4 of this administrative regulation.

(3)

A statement of deficiency with a Type A violation shall be:

(a)

Corrected within five (5) working days in accordance with 922 KAR 2:090, Section 14(3) and 14(9); and

(b)

Subject to a civil penalty of no more than $1,000 for each occurrence of a Type A violation.

(4)

A statement of deficiency with a Type B violation shall:

(a)

Have a written corrective action plan within fifteen (15) days in accordance with 922 KAR 2:090, Section 14(2) and 14(3); and

(b)

Be subject to a civil penalty of $250 for each occurrence of a Type B violation.

(5)

In accordance with KRS 199.896(8)(b) through (d), a licensee shall receive a monetary credit applied towards a civil penalty in the amount of:

(a)

Fifty (50) dollars if a review of the licensee's history finds no Type A or Type B violation cited during the three (3) years prior to the date of the statement of deficiency;

(b)

Fifty (50) dollars if the written corrective action plan is:

1.

Received by the cabinet within the timeframe specified for the violation type pursuant to subsection (3)(a) or (4)(a) of this section; and

2.

Accepted by the cabinet; or

(c)

Twenty-five (25) percent of the civil penalty if the licensee waives appeal rights established in Section 5 of this administrative regulation.

(6)

Treble penalties shall be assessed pursuant to KRS 199.990(3).

Section 4.

Civil Penalty Requirements. Notice that a civil penalty has been levied shall:

(1)

Be hand delivered by cabinet staff or delivered by certified mail, return receipt requested, to the:

(a)

Licensee; or

(b)

Director of the child-care center or the director's designee in accordance with 922 KAR 2:090; and

(2)

Specify:

(a)

The violation for which a civil penalty has been levied;

(b)

The amount of the civil penalty;

(c)

That, in accordance with KRS 199.990(4), the civil penalty shall:

1.

Not exceed $1,000 for each occurrence;

2.

Be made payable to the Kentucky State Treasurer; and

3.

Be mailed to the Office of Inspector General;

(d)

That an appeal of a civil penalty shall not act to stay correction of a violation, pursuant to KRS 199.896(7);

(e)

That payment of a civil penalty shall be stayed if an appeal is requested; and

(f)

That the cabinet may:

1.

Deny, suspend, or revoke a license for the same offense for which a civil penalty is imposed; and

2.

Take other action in accordance with KRS 199.896(9).

Section 5.

Appeal Rights.

(1)

A licensee shall have appeal rights in accordance with KRS 199.990(4) and 922 KAR 2:090, Section 18.

(2)

An appeal shall not limit the authority of the cabinet to:

(a)

Issue an emergency order pursuant to KRS 13B.125(2); or

(b)

Take action pursuant to KRS 199.896(9).

Section 6.

Payment of Civil Penalty.

(1)

The cabinet shall deny an application for child-care center licensure or revoke a child-care center's license if:

(a)

Sixty (60) days have lapsed since the latter of either:

1.

The notice in accordance with Section 4 of this administrative regulation; or

2.

Completion of the administrative appeal process upholding the civil penalty; and

(b)

A licensee fails to:

1.

Pay the civil penalty levied against the child-care center;

2.

Enter into an arrangement to pay a civil penalty that is approved by the cabinet; or

3.

Comply with the payment arrangement for the civil penalty.

(2)

The cabinet may approve an amendment to a payment arrangement if:

(a)

A request for an amendment is received from the licensee; and

(b)

The cabinet makes a determination that the payment arrangement creates a hardship for the licensee or the child-care center's operation with consideration given to:

1.

The individual circumstances of the licensee or child-care center; and

2.

Factors specified in KRS 199.896(8).

(3)

The cabinet may terminate collection of a civil penalty if the:

(a)

Licensee dies;

(b)

Cabinet is unable to locate the licensee; or

(c)

Cabinet's continued pursuit of the civil penalty would exceed the:

1.

Amount of civil penalty; or

2.

Public benefit.

HISTORY: (27 Ky.R. 2624; 3121; eff. 5-14-2001; TAm eff. 10-29-2004; TAm eff. 8-1-2005; 39 Ky.R. 912; 1735; eff. 3-8-2013; 44 Ky.R. 2144; 45 Ky.R. 56; eff. 7-18-2018; TAm eff. 6-24-2021.)

7-Year Expiration: 7/18/2025

Last Updated: 12/15/2021


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