(a) An eligible provider that provides child care services to families receiving child care subsidies must comply with the following requirements:

1. (1) An eligible provider must operate their child care program in compliance the applicable office regulations. Failure to operate in compliance with the office regulations may result in the office taking enforcement action pursuant to section 413.3 of this Title.

   1. (i) An eligible provider must operate in compliance with all emergency health guidance promulgated by the Department of Health in the interest of public health during a designated public health emergency. Provided that, during a designated public health emergency, any relevant emergency directives from the executive chamber or from the Department of Health shall supersede regulations of the office in the case of any conflict.

2. (2) An eligible provider must maintain daily attendance records. Such records must be kept current and accurate, be filled out when a child arrives and departs, and include:

   1. (i) the date of attendance;
   2. (ii) arrival and departure times;
   3. (iii) notation of full day absences.
3. (3) An eligible provider must certify that all documentation and information provided to a social services district is accurate and true. Any false or fraudulent claims for payments by a provider may result in the deferral or disallowance of payment for such claims with a social services district, a referral to the office for the revocation of a provider's registration or license, and/or referral for criminal prosecution.
4. (4) An eligible provider must not charge more for subsidized child care than the provider charges for non-subsidized care.

5. (5) A child care provider or an employee, volunteer, visitor, or household member of the provider must admit inspectors and other representatives of the enrollment agency, social services district and the office onto the grounds and premises at any time during the hours child care services are provided. Such inspectors and representatives must be given free access to the building or buildings used by the program, staff, employees, volunteers and children in care and any records pertaining to the program.

   1. (i) A child care provider or an employee, volunteer, visitor, or household member of the provider must cooperate with inspectors and representatives in regard to an inspection or investigation.
   2. (ii) A child care provider or an employee, volunteer, visitor, or household member of the provider must cooperate with local child protective services staff conducting any investigation of alleged child abuse or maltreatment.
   3. (iii) A child care provider or an employee, volunteer, visitor, or household member of the provider may not place or attempt to place an inspector or other representative in reasonable fear of physical injury. Any intentional display of physical or verbal force or contact, which would give an inspector or representative reason to fear or expect bodily harm, is prohibited.
   4. (iv) If a child care provider or an employee, volunteer, visitor, or household member of the provider does not admit or cooperate with an inspector or representative, or the provider or an employee, volunteer, visitor, or household member of the provider threatens an inspector or representative with physical or verbal force, the office may deny, suspend, or terminate the provider’s enrollment according to guidelines issued by the office.