(a)

1. (1) The out-of-school time (OST) facilities shall maintain compliance with the licensing requirements at all times.
2. (2) To be in substantial compliance, the OST facility shall meet all essential standards necessary to protect the health, safety, and welfare of the participants attending the OST facility.

3. (3) Essential standards include but are not limited to those relating to issues involving:

   1. (A) Fire;
   2. (B) Health;
   3. (C) Safety;
   4. (D) Nutrition;
   5. (E) Discipline;
   6. (F) Staff-to-participant ratio; and
   7. (G) Space.

4. (4) Failure to comply with any of the licensing requirements for OST facilities may result in any of the following adverse actions:

   1. (A) Denial of an application for a license or for church-exempt status;
   2. (B) Revocation or suspension of a license or church-exempt status; or
   3. (C) Issuance of a provisional license or provisional church-exempt status.

(b) The following factors may be considered when determining the appropriate adverse action:

1. (1) Severity of the deficiency cited;
2. (2) Number of violations cited;
3. (3) Frequency of violations cited;
4. (4) Past history of compliance; and
5. (5) Willingness/ability to correct violations.

(c)

1. (1) Each OST facility shall be reviewed by the Child Care Licensing Unit to determine whether the facility is in compliance with this part.

2. (2) Childcare licensing staff shall have access to OST facilities for the purpose of conducting:

   1. (A) Inspections;
   2. (B) Reviews; and
   3. (C) Complaint investigations.

3. (3) Clarification.

   1. (A) In addition to rooms used for care, childcare licensing staff must also be given access to all other rooms or spaces not used for care.
   2. (B) Any rooms or areas that are not accessible to participants in care:

(i) Will only be viewed briefly for major health and safety issues; and

1. (ii) Will not be routinely monitored for general licensing compliance.

   1. (C) This is to help ensure that there are no dangers such as fire hazards that could impact the safety of the entire structure.

      1. (d) Denial of access to the facility or to interview participants may result in any of the adverse actions described above.

(e)

1. (1) Any facility that has not provided care to participants for a period of one (1) year shall be closed unless a written request is made by the licensee stating why closure should not take place.
2. (2) If the licensee requests that the license remain open, license fees and required annual inspections shall be kept current.

(f)

1. (1) Falsification of any document and submission of false information to the Office of Early Childhood may constitute grounds for revocation of the license.
2. (2) Falsification means the submission of untrue information, whether by statement or omission.