1596.98. (a) The department shall notify the day care center in writing of all deficiencies in its compliance with this chapter and the rules and regulations adopted pursuant to this chapter, and shall set a reasonable length of time for compliance by the center. Upon a finding of noncompliance, the department may levy a civil penalty which shall be paid to the department each day until the department finds the center in compliance.
(b) In developing a plan of correction both the licensee and the department shall give due consideration to the following factors:
(1) The gravity of the violation.
(2) The history of previous violations.
(3) The possibility of a threat to the health or safety of any child in the facility.
(4) The number of children affected by the violation.
(5) The availability of equipment or personnel necessary to correct the violation, if appropriate.
(c) The department shall ensure that the licensee’s plan of correction is verifiable and measurable. The plan of correction shall specify what evidence is acceptable to establish that a deficiency has been corrected. This evidence shall be included in the department’s facility file.
(d) The department shall adopt regulations establishing procedures for the imposition of civil penalties under this section.
(Amended by Stats. 2008, Ch. 291, Sec. 22. Effective September 25, 2008.)
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