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PDFWAC 110-300-0425

Initial, nonexpiring, dual licenses, and license modification.

(1) The department may issue an initial license when an early learning program applicant demonstrates compliance with health and safety requirements of this chapter but may not be in full compliance with all requirements, pursuant to RCW 43.216.315.
(a) An initial license is valid for six months from the date issued.
(b) At the department's discretion, an initial license may be extended for up to three additional six-month periods, not to exceed a total of two years.
(c) The department must evaluate the early learning provider's ability to follow requirements contained in this chapter during the initial license period.
(2) The department may issue a nonexpiring license to a licensee operating under an initial license who demonstrates compliance with the requirements of this chapter during the period of initial licensure, pursuant to RCW 43.216.305.
(3) A licensee must submit annual compliance documents at least thirty calendar days prior to that provider's anniversary date. A provider's anniversary date is the date the first initial license was issued. Pursuant to RCW 43.216.305, the required annual compliance documents are:
(a) The annual nonrefundable license fee;
(b) A declaration on the department's form indicating:
(i) The intent to continue operating a licensed early learning program;
(ii) The intent to cease operation as a licensed early learning program;
(iii) A change in the early learning program's operational hours or dates; and
(iv) The intent to comply with all licensing rules.
(c) Documentation of completed background check applications as determined by the department's established schedule, pursuant to RCW 43.216.270(2); and
(d) For each individual required to have a background check clearance, the early learning provider must verify current background checks or require the individual to submit a background check application at least thirty calendar days prior to the anniversary date.
(4) If a licensee fails to meet the requirements for continuing a nonexpiring license by their anniversary date, the licensee's current license expires. The early learning provider must submit a new application for licensure, pursuant to RCW 43.216.305(3).
(5) Nothing about the nonexpiring license process in this section may interfere with the department's established monitoring practices, pursuant to RCW 43.216.305 (4)(a).
(6) A licensee has no right to an adjudicative proceeding (hearing) to appeal the expiration, nonrenewal, or noncontinuation of a nonexpiring license resulting from a failure to comply with the requirements of this section.
(7) A licensee must have department approval to hold dual licenses (for example: An early learning program license and another care giving license, certification, or similar authorization).
(8) If the department determines that a licensee is not meeting all applicable requirements and regulations:
(a) The department and licensee may agree to modify the child care license;
(b) The licensee may give up one of the licenses, certifications, or authorizations; or
(c) The department may suspend, deny, or revoke the early learning license, pursuant to RCW 43.216.325.
(9) An early learning provider must report within twenty-four hours:
(a) To the department and local authorities: A fire or other structural damage to the early learning program space or other parts of the premises;
(b) To the department:
(i) A retirement, termination, death, incapacity, or change of the program director, or program supervisor, or change of ownership or incorporation of a provider;
(ii) When a provider becomes aware of a charge or conviction against themselves, a staff person or, applicable household member, pursuant to WAC 110-06-0043;
(iii) When a provider becomes aware of an allegation or finding of abuse, neglect, maltreatment, or exploitation of a child or vulnerable adult made against themselves, a staff person, or a house hold member, if applicable;
(iv) A change in the number of household members living within a family home early learning program space. This includes individuals fourteen years old or older that move in or out of the home, or a resignation or termination, pursuant to RCW 43.216.390. A birth or death affecting the number of household members must be reported within twenty-four hours or at first opportunity; and
(v) Any changes in the early learning program hours of operation to include closure dates.
(10) Prior to increasing capacity of an early learning program, the licensee, center director, assistant director, or program supervisor must request and be approved to increase capacity by the department.
(11) Licensee, center director, assistant director, or program supervisor must have state fire marshal or department approval and comply with local building ordinances following a significant change under WAC 110-300-0402 (1)(a) through (c), if applicable.
(12) Licensee, center director, assistant director, or program supervisor must notify the department within thirty calendar days when liability insurance coverage under RCW 43.216.700 has lapsed or been terminated.
[WSR 18-15-001, recodified as § 110-300-0425, filed 7/5/18, effective 7/5/18. Statutory Authority: RCW 43.215.070, 43.215.201 and chapter 42.56 RCW. WSR 18-14-079, § 170-300-0425, filed 6/30/18, effective 8/1/19.]
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