Kan. Admin. Regs. § 28-4-422 - Procedures

Current through Register Vol. 40, No. 39, September 30, 2021

(a) General.
(1) Any person, corporation, firm, association, or other organization desiring to conduct a child care center or preschool which will operate for more than five consecutive hours or more than one day per week shall apply for a license on forms supplied by the Kansas department of health and environment.
(2) In lieu of being licensed, preschools operated on the premises of private schools providing kindergarten through grade six shall be governed by Kansas statutes applicable to private schools.
(3) Each application for a license or an application for renewal of license shall be accompanied by the license fee which shall not be refundable.
(4) Children shall not be in attendance at the center or preschool until a license has been issued by the Kansas department of health and environment.
(5) Applicants shall be 18 years of age or older at time of application.
(6) A license shall be issued if the secretary finds that the applicant is in compliance with the requirements of K.S.A. 65-501 et seq. and amendments thereof, and the rules and regulations promulgated pursuant to those statutes, and that the applicant has made full payment of the license fee required by the provisions of K.S.A. 65-505 and amendments thereof.
(A) A license for an additional facility operated by a licensee shall not be issued until all existing facilities operated by the licensee are in compliance with licensing regulations.
(B) It shall be the responsibility of the licensee to provide the financial resources necessary to maintain compliance with licensing regulations.
(b) Statement of services offered. When making application to the Kansas department of health and environment for a license to conduct a child care center or preschool, the applicant shall state what services will be provided. Advertisements shall conform to the written statement of services. No claims as to specialized services shall be made unless the facility is staffed and equipped to offer those services. No general claim as to "state approval" shall be made unless the facility has obtained a license issued by the Kansas department of health and environment. The licensing agency shall be notified of any change in the position of program director or any change in program which effects licensure.
(c) Initial application.
(1) Site approval.
(A) The proposed site shall be approved by the Kansas department of health and environment, the local building inspector when required, and a fire safety inspector. Inspection reports shall accompany the application for license.
(B) When a building is to be constructed or an existing building is to be remodeled, construction or remodeling plans shall be submitted to the Kansas department of health and environment.
(C) When additional space in an existing building is to be used, prior approval shall be obtained from the Kansas department of health and environment.
(2) A working telephone shall be on the premises and available at all times for use by staff.
(d) Renewals.
(1) Before an existing license expires, the licensee shall apply for renewal of the license on forms supplied by the Kansas department of health and environment.
(2) Any application may be withdrawn at any time upon request by the applicant. The applicant shall submit a new application to the Kansas department of health and environment prior to reopening a facility.
(3) A new application and fee shall be submitted for each change of ownership, sponsorship or location.
(e) Grievance procedures.
(1) Each applicant or licensee receiving notice of denial or revocation of license shall be notified of the right to an administrative hearing by the Kansas department of health and environment and subsequently of the right of appeal to the district court.
(2) Each applicant or licensee aggrieved by a licensing evaluation or by licensing procedures may appeal in writing to the Kansas department of health and environment.
(f) Exceptions.
(1) Any applicant or licensee may submit a written request for an exception to a regulation to the Kansas department of health and environment. An exception shall be granted if the secretary determines the exception to be in the best interest of a child or children and their families, and if statutory requirements are not violated.
(2) Written notice from the Kansas department of health and environment stating the nature of the exception and its duration shall be posted with the license.

Notes

Kan. Admin. Regs. § 28-4-422
Authorized by K.S.A. 65-508; implementing K.S.A. 65-501, 65-504, 65-505 and 65-508; effective May 1, 1983; amended May 1, 1984; amended, T-87-34, Nov. 19, 1986; amended May 1, 1987.

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