(a) Any person or entity who operates or maintains a childcare facility without holding a license issued by the Department, or who continues to operate it after its license has been cancelled, suspended, or denied pursuant to the procedure provided by §§ 68–78b of this title, shall be guilty of a misdemeanor and, upon conviction, shall be punished with a fine that shall not exceed five thousand dollars ($5,000), or by imprisonment for a term of not more than six (6) months, or both penalties, at the discretion of the court; moreover, any person, agent, director, official or proprietor of an establishment that deliberately gives the Department false information or who carries out or allows a fraudulent action to be carried out with the purpose of obtaining a license to operate an establishment of those referenced by this §§ 68–78b of this title, or who obstructs the investigating or supervisory work of the Secretary’s representative, shall be guilty of a misdemeanor, and upon conviction, shall be punished with a fine that shall not exceed five thousand dollars ($5,000) or six (6) months of imprisonment, or both penalties, at the discretion of the court.
(b) Any person or facility that discloses, authorizes the use or disclosure, or knowingly permits the use or disclosure to third persons of confidential information with respect to a criminal record, or with respect to the behavior in the community of the candidates, employees, or volunteers interested in rendering or who render services in said facility, shall be guilty of a misdemeanor and punished with imprisonment up to a maximum of six (6) months and a fine of not less than five hundred dollars ($500) nor more than five thousand dollars ($5,000). If there are intervening aggravating circumstances, the fixed punishment established may be increased to a maximum of five (5) years; if there are intervening extenuating circumstances, it may be reduced to a minimum of two (2) years.
History —Feb. 15, 1955, No. 3, p. 10, § 10; May 1, 1964, No. 17, p. 53, § 1; June 24, 1968, No. 121, p. 276, § 2; July 6, 1978, No. 18, p. 410, § 1; July 5, 1988, No. 64, p. 285, § 4; June 27, 2003, No. 151, § 1; June 27, 2003, No. 151, § 1.