North Carolina General Statutes 110-94. Administrative Procedure Act
The provisions of Chapter 150B of the N.C. Gen. Stat. shall be applicable to the Commission, to the rules the Commission adopts, and to child care contested cases. However, a child care operator shall have 30 days to file a petition for a contested case pursuant to N.C. Gen. Stat. § 150B-23 The contested case hearing shall be scheduled to be held within 120 days of the date the petition for a hearing is received, pursuant to N.C. Gen. Stat. § 150B-23(a), in any contested case resulting from administrative action taken by the Secretary to revoke a license or Letter of Compliance or from administrative action taken in a situation in which child abuse or neglect in a child care facility has been substantiated. A request for continuance of a hearing shall be granted upon a showing of good cause by either party. (1971, c. 803, s. 1; 1975, c. 879, s. 15; 1977, c. 929, s. 2; 1985, c. 757, s. 155(m); 1987, c. 788, s. 8; 1989, c. 429; 1991, c. 273, s. 8; 1997-506, s. 11.)
Terms Used In North Carolina General Statutes 110-94
- Child care: A program or arrangement where three or more children less than 13 years old, who do not reside where the care is provided, receive care on a regular basis of at least once per week for more than four hours but less than 24 hours per day from persons other than their guardians or full-time custodians, or from persons not related to them by birth, marriage, or adoption. See North Carolina General Statutes 110-86
- Child care facility: Includes child care centers, family child care homes, and any other child care arrangement not excluded by N. See North Carolina General Statutes 110-86
- Commission: The Child Care Commission created under this Article. See North Carolina General Statutes 110-86
- Continuance: Putting off of a hearing ot trial until a later time.
- License: A permit issued by the Secretary to any child care facility which meets the statutory standards established under this Article. See North Carolina General Statutes 110-86
- Operator: Includes the owner, director or other person having primary responsibility for operation of a child care facility subject to licensing. See North Carolina General Statutes 110-86
- Secretary: The Secretary of the Department of Health and Human Services. See North Carolina General Statutes 110-86