7 AAC 57.045 - Delegation and withdrawal of authority to license child care facilities
(a) The
department will delegate its authority to regulate child care facilities to a
municipality if the requirements of
AS
47.32.030(b) and this
section are met.
(b) A municipality
to which licensing powers have been delegated shall investigate, license, and
supervise child care facilities within its jurisdiction and shall enforce the
applicable provisions of AS 47.32,
7 AAC 10.1000 -
7 AAC 10.1095, and this chapter unless the municipality
grants a variance from one or more of those requirements to a particular child
care facility.
(c) A municipality
seeking delegation of the department's authority under
AS
47.32.030(b) shall
(1) specify by ordinance the types of child
care facilities subject to licensure and supervision by the
municipality;
(2) adopt by
ordinance the authority to establish procedures for licensing and enforcement
of child care facilities that meet or exceed the standards of AS 47.32,
7 AAC 10.1000 -
7 AAC 10.1095, and this chapter;
(3) adopt by ordinance the applicable
provisions of
7 AAC 10.1000 -
7 AAC 10.1095 and this chapter, except that, where a
state statute or regulation is referred to in
7 AAC 10.1000 -
7 AAC 10.1095 or this chapter, the municipality may
instead refer to a similar municipal ordinance;
(4) establish licensing and enforcement
procedures and submit a copy of those procedures to the department;
and
(5) submit a copy of the
municipality's child care licensing ordinance to the department with the
request for delegation of authority.
(d) To ensure an orderly transition of
authority under this section, the department will provide technical assistance
to the municipality.
(e) A
municipality to which child care licensing authority has been delegated shall
maintain individual facility records documenting compliance or noncompliance
with the applicable municipal requirements. If requested by the department, the
municipality shall allow the department to review the municipality's facility
records and conduct onsite compliance evaluations of facilities licensed by the
municipality.
(f) The department
may withdraw the licensing authority delegated under (a) of this section after
30 days' notice to the municipality if the department determines that the
municipality's requirements for child care facilities fail to meet or exceed
the applicable requirements of AS 47.32,
7 AAC 10.1000 -
7 AAC 10.1095, or this chapter.
(g) Nothing in this section prohibits a
municipality to which licensing authority has been delegated from adopting by
ordinance additional child care facility requirements that are more stringent
than those set out in AS 47.32,
7 AAC 10.1000 -
7 AAC 10.1095, and this chapter.
Notes
Authority:AS 44.29.020
AS 47.32.010
AS 47.32.020
AS 47.32.030
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