Arizona Laws 36-886. Operation without a license; classification
A. If it appears that any person is maintaining or operating a child care facility without a license, the department shall notify the facility’s operator either by mail, by certified mail with return receipt requested or by delivery in person. The person affected by the notice shall, within ten days from its receipt, cease and desist operation or show proof of having a valid license. The person may, within ten days, request in writing a hearing before the director.
Attorney's Note
Under the Arizona Laws, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class 1 misdemeanor | up to 6 months | up to $2,500 |
Terms Used In Arizona Laws 36-886
- Child: means any person through the age of fourteen years. See Arizona Laws 36-881
- Child care: means the care, supervision and guidance of a child or children, unaccompanied by a parent, guardian or custodian, on a regular basis, for periods of less than twenty-four hours per day, in a place other than the child's or the children's own home or homes. See Arizona Laws 36-881
- Child care facility: means any facility in which child care is regularly provided for compensation for five or more children not related to the proprietor. See Arizona Laws 36-881
- Department: means the department of health services. See Arizona Laws 36-881
- Director: means the director of the department of health services. See Arizona Laws 36-881
- Magistrate: means an officer having power to issue a warrant for the arrest of a person charged with a public offense and includes the chief justice and justices of the supreme court, judges of the superior court, judges of the court of appeals, justices of the peace and judges of a municipal court. See Arizona Laws 1-215
- Person: means an individual, partnership, corporation, limited liability company, association, day nursery, nursery school, day camp, kindergarten, child care agency, school governing board, charter school or child care center that operates a child care facility. See Arizona Laws 36-881
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- Writing: includes printing. See Arizona Laws 1-215
B. On application of the department, a magistrate shall issue a warrant to the department authorizing inspection of a child care facility if there is probable cause to believe that a person is operating the facility without a license.
C. If a person does not comply with this section the department shall notify the county attorney of the county in which the child care facility is being operated of the violation and request that criminal prosecution be commenced against the violator. The department may request the attorney general to apply for injunctive relief.
D. Any person who continues to maintain or operate a child care facility without a license ten days after receipt of notice from the department is guilty of a class 1 misdemeanor.