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Ohio Laws and Rules
(A) The department shall investigate and inspect each type A home and shall provide a written inspection report to the licensee and administrator after each inspection.
(B) Except as provided in paragraph (C) of this rule, type A homes shall be inspected at least twice during every twelve month period and the department may conduct additional inspections as needed. At least one inspection shall be unannounced and all inspections may be unannounced.
(C) The following types of type A homes shall be inspected at least once during every twelve month period. Any inspection may be unannounced:
(1) Type A homes designated as part time.
(2) Type A homes which operate for more than four hours for no more than three weeks during the year.
(3) Type A homes designated as school child homes, which operate only hours before and after the regular school day.
(4) Type A homes which operate for only three months during the summer.
(D) Every person, firm, partnership, organization, institution, or agency shall cooperate with the director’s representative or any state or local official when performing inspection duties required by Chapter 5104. of the Revised Code and Chapter 5101:2-13 of the Administrative Code. The type A home must:
(1) Provide access to all areas of the premises at any time during operation for either announced or unannounced inspections.
(2) Provide access to pertinent records upon request, or furnish records to the department within ten business days if records are not required to be on file at the home.
(3) Provide any other information or documentation the department determines is necessary to assess the type A home’s compliance with the requirements of Chapter 5104. of the Revised Code and Chapter 5101:2-13 of the Administrative Code.
(E) Failure of any person, firm, partnership, organization, institution, or agency to cooperate with the director’s representative or any state or local official when performing duties required by Chapter 5104. of the Revised Code and Chapter 5101:2-13 of the Administrative Code shall be grounds for denial or revocation of a license, pursuant to administrative hearing rights afforded by Chapter 119. of the Revised Code.
(F) The department shall investigate and may inspect any type A home upon receipt of any allegations that the home is out of compliance with the requirements of Chapter 5104. of the Revised Code and Chapter 5101:2-13 of the Administrative Code.
(G) The type A home owner, administrator, or designee may use the following process to request a review of the investigation and/or findings.
(1) If the administrator or designee of a licensed type A home disagrees with any of the findings and an informal discussion with the licensing specialist does not provide a resolution of issues, the administrator or designee may submit a written request for review of findings. This request must be submitted within seven business days of receipt of the finding to the appropriate licensing supervisor. The licensing supervisor shall review the findings and may meet with the administrator or designee. The licensing supervisor shall render prepare a written decision of the review.
(2) If the administrator or designee of a licensed type A home disagrees with the decision of the licensing supervisor, the administrator or designee may submit a written request for review of findings to the chief of the licensing section, within seven business days of receipt of the decision of the licensing supervisor. The chief of the licensing section shall review the findings, the review materials and the decision of the supervisor, and may meet with any or all parties. The chief of the licensing section shall prepare a written decision of the review. The decision of the chief of the licensing section shall be final and does not entitle the type A home to any hearing rights under Chapter 119. of the Revised Code, unless the department initiates action to deny or revoke the license.
(H) The director may hold hearings, issue subpoenas, compel testimony, and make adjudications as required by Chapter 119. of the Revised Code and Chapter 5101:2-13 of the Administrative Code.
(I) Upon receiving a complaint or otherwise being advised that the type A home is providing child care without a license, the department shall investigate and inspect all areas of the home.
(J) Upon determining that a type A home is operating without a license, the department shall notify the attorney general, the prosecuting attorney of the county in which the home is located, or the city attorney, village solicitor, or other chief legal officer of the municipal corporation in which the home is located, that the type A home is operating without a license. Upon receipt of the this notification, the attorney general, prosecuting attorney, city attorney, village solicitor, or other chief legal officer of a municipal corporation shall file a complaint in the court of common pleas of the county in which the home is located, requesting that the court grant an order enjoining the owner from operating such type A home in violation of section 5104.02 of the Revised Code.
(K) The department may petition for injunctive relief against type A homes in the following instances:
(1) When a type A home is operating and has not applied for a license.
(2) When a type A home has applied for a license, but is operating without a license issued by the department.
(3) When a type A home is operating after the expiration of a license and the center has failed to complete a timely renewal application as required by rule 5101:2-13-06 of the Administrative Code.
(4) When a type A home is operating after an adjudication order revoking a license or denying a license renewal application is final according to Chapter 119. of the Revised Code.
Effective: 09/01/2007
R.C. 119.032 review dates: 03/30/2007 and 09/01/2012
Promulgated Under: 119.03
Statutory Authority: 5104.011
Rule Amplifies: 5104.03, 5104.04
Prior Effective Dates: 9/5/86, 7/1/03, 9/1/05