1. (a) The division may grant a probationary license to a licensee who is temporarily unable to comply with a rule if:

   1. (1) the noncompliance does not present an immediate threat to the health and well-being of the children;
   2. (2) the licensee files a plan with the division to correct the areas of noncompliance within the probationary period; and
   3. (3) the division approves the plan.
2. (b) A probationary license is valid for not more than six (6) months. The division may extend a probationary license for one (1) additional period of six (6) months.
3. (c) An existing license is invalidated when a probationary license is issued.
4. (d) At the expiration of the probationary license, the division shall reinstate the original license to the end of the original term of the license, issue a new license, or revoke the license.
5. (e) Upon receipt of a probationary license, the licensee shall return to the division the previously issued license.

6. (f) The division shall:

   1. (1) upon issuing a probationary license under this section, provide written notice to the licensee that the division will provide the notice required under subdivision (2); and

   2. (2) not more than seven (7) days after issuing a probationary license under this section, publish notice under IC 5-3-1 and provide written notice to the parent or guardian of each child enrolled in the child care home of the:

      1. (A) issuance of the probationary license; and
      2. (B) reason for the issuance of the probationary license.

As added by P.L.1-1993, SEC.141. Amended by P.L.241-2003, SEC.15.