N.D. Admin. Code 75-03-11-06

Current through Supplement No. 394, October, 2024

Section 75-03-11-06 - Provisional license

1. The department may issue a provisional license for the operation of a preschool although the preschool educational facility applicant or owner fails to, or is unable to, comply with all applicable standards and rules of the department.

2. A provisional license must:

a. State that the owner has failed to comply with all applicable standards and rules of the department;

b. State the items of noncompliance;

c. Expire at a set date, not to exceed six months from the date of issuance; and

d. Be exchanged for an unrestricted license, which bears an expiration date of one year from the date of issuance of the provisional license, after the applicant or owner demonstrates compliance, satisfactory to the department, with all applicable standards and rules.

3. The department may issue a provisional license only to an applicant or owner who has waived, in writing:

a. The right to a written statement of charges as to the reasons for the denial of an unrestricted license; and

b. The right to an administrative hearing, in the manner provided in North Dakota Century Code chapter 28-32, concerning the nonissuance of an unrestricted license, either at the time of application or during the period of operation under a provisional license.

4. Any provisional license issued must be accompanied by a written statement of violations signed by the department and must be acknowledged in writing by the applicant or owner.

5. Subject to the exceptions contained in this section, a provisional license entitles the owner to all rights and privileges afforded the owner of an unrestricted license.

6. The department may not issue a provisional license if the preschool is not in compliance with section 75-03-11-17 or 75-03-11-18.

7. The owner shall display prominently the provisional license and agreement.

8. The owner shall provide parents written notice that the preschool is operating on a provisional license and the basis for the provisional license.

N.D. Admin Code 75-03-11-06

Effective December 1, 1981; amended effective January 1, 1987; July 1, 1996; July 1, 1996, amendments voided by the Administrative Rules Committee effective August 24, 1996; amended effective January 1, 1999; January 1, 2011.

Amended by Administrative Rules Supplement 2020-377, July 2020, effective 7/1/2020.

Amended by Administrative Rules Supplement 2024-392, April 2024, effective 4/1/2024.

General Authority: NDCC 50-11.1-08

Law Implemented: NDCC 50-11.1-03, 50-11.1-04, 50-11.1-08