922 KAR 2:190. Civil penalties.

      RELATES TO: KRS Chapter 13B, 199.896, 199.990

      STATUTORY AUTHORITY: KRS 194A.050(1), 199.896(2)

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 194A.050(1) requires the Secretary for the Cabinet for Health and Family Services to promulgate administrative regulations necessary to operate programs and fulfill responsibilities vested in the cabinet. KRS 199.896(2) authorizes the secretary to promulgate administrative regulations to establish procedures for enforcement of penalties. KRS 199.896(5) authorizes the Secretary of the cabinet to take emergency action in the event of an immediate threat to public health, safety, or welfare. KRS 199.990(4) establishes the penalties to be assessed for violations of KRS 199.896 that pose an immediate threat to the health, safety, or welfare of a child served by child care facility. KRS 199.896(7) establishes a right of appeal for a child care center aggrieved by an action of the cabinet adverse to the center's interests. This administrative regulation establishes cabinet procedures to carry out the statutory provisions.

      Section 1. Assessment of a Civil Penalty. (1) In addition to a violation of a requirement of the cabinet under the provisions of KRS 199.896, an offense subject to civil penalty shall include a violation of one (1) or more of the following regulatory requirements if the violation poses, at the time it occurs, an immediate threat to the health, safety, or welfare of a child served by a licensed child care facility:

      (a) 922 KAR 2:090, Child care facility licensure;

      (b) 922 KAR 2:110, Child care facility provider requirements; or

      (c) 922 KAR 2:120, Child care facility health and safety standards.

      (2) Notice that a civil penalty has been levied shall:

      (a) Be hand delivered by cabinet staff or delivered by certified mail, return receipt requested, to the:

      1. Owner;

      2. Director; or

      3. Person in charge of the licensed child care facility;

      (b) Specify:

      1. The violation for which a civil penalty has been levied;

      2. The amount of the civil penalty;

      3. That, in accordance with KRS 199.990(4), the civil penalty shall:

      a. Not exceed $1,000 for each occurrence;

      b. Be made payable to the Kentucky State Treasurer; and

      c. Be mailed to the Office of Inspector General;

      4. That an appeal of a civil penalty shall not act to stay correction of a violation, pursuant to KRS 199.896(7);

      5. That payment of a civil penalty shall be stayed if an appeal is requested; and

      6. That the cabinet may deny, suspend or revoke a license for the same offense for which a civil penalty is imposed.

      (3) The amount of the civil penalty shall be determined in accordance with KRS 199.896(8).

      (4) Treble penalties shall be assessed pursuant to KRS 199.990(4).

      Section 2. Appeal Rights. (1) KRS 199.990(4) governs the taking of an appeal by a licensed child care facility aggrieved by a cabinet action adverse to the licensee's interests.

      (2) An appeal shall not limit the authority of the cabinet to:

      (a) Issue an emergency order pursuant to KRS 13B.125(2); or

      (b) Take action pursuant to KRS 199.896(9). (27 Ky.R. 2624; Am. 3121; eff. 5-14-2001.)