26B-1-414. Child Care Center Licensing Committee — Duties.
| (1) |
Terms Used In Utah Code 26B-1-414- Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
- Quorum: The number of legislators that must be present to do business.
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- Statute: A law passed by a legislature.
| (a) |
The Child Care Center Licensing Committee shall be comprised of 12 members appointed by the governor with the advice and consent of the Senate in accordance with this Subsection (1). |
| (b) |
The governor shall appoint three members who:
| (i) |
have at least five years of experience as an owner in or director of a for profit or not-for-profit center based child care as defined in Section 26B-2-401; and |
| (ii) |
hold an active license as a child care center from the department to provide center based child care as defined in Section 26B-2-401. |
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| (c) |
The governor shall appoint two members who hold an active license as a residential child care provider and one member who is a certified residential child care provider. |
| (d) |
| (i) |
The governor shall appoint one member to represent each of the following:
| (A) |
a parent with a child in a licensed center based child care facility; |
| (B) |
a parent with a child in a residential based child care facility; |
| (C) |
a child development expert from the state system of higher education; |
| (D) |
except as provided in Subsection (1)(f), a pediatrician licensed in the state; |
| (E) |
a health care provider; and |
| (F) |
an architect licensed in the state. |
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| (ii) |
Except as provided in Subsection (1)(d)(i)(C), a member appointed under Subsection (1) (d)(i) may not be an employee of the state or a political subdivision of the state. |
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| (e) |
At least one member described in Subsection (1)(b) shall at the time of appointment reside in a county that is not a county of the first class. |
| (f) |
For the appointment described in Subsection (1)(d)(i)(D), the governor may appoint a health care professional who specializes in pediatric health if:
| (i) |
the health care professional is licensed under:
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| (ii) |
before appointing a health care professional under this Subsection (1)(f), the governor:
| (A) |
sends a notice to a professional physician organization in the state regarding the opening for the appointment described in Subsection (1)(d)(i)(D); and |
| (B) |
receives no applications from a pediatrician who is licensed in the state for the appointment described in Subsection (1)(d)(i)(D) within 90 days after the day on which the governor sends the notice described in Subsection (1)(f)(ii)(A). |
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| (2) |
| (a) |
Except as required by Subsection (2)(b), as terms of current members expire, the governor shall appoint each new member or reappointed member to a four-year term ending June 30. |
| (b) |
Notwithstanding the requirements of Subsection (2)(a), the governor shall, at the time of appointment or reappointment, adjust the length of terms to ensure that the terms of members are staggered so that approximately half of the licensing committee is appointed every two years. |
| (c) |
Upon the expiration of the term of a member of the licensing committee, the member shall continue to hold office until a successor is appointed and qualified. |
| (d) |
A member may not serve more than two consecutive terms. |
| (e) |
Members of the licensing committee shall annually select one member to serve as chair who shall establish the agenda for licensing committee meetings. |
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| (3) |
When a vacancy occurs in the membership for any reason, the governor, with the advice and consent of the Senate, shall appoint a replacement for the unexpired term. |
| (4) |
| (a) |
The licensing committee shall meet at least every two months. |
| (b) |
The director may call additional meetings:
| (i) |
at the director’s discretion; |
| (ii) |
upon the request of the chair; or |
| (iii) |
upon the written request of three or more members. |
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| (5) |
Seven members of the licensing committee constitute a quorum for the transaction of business. |
| (6) |
A member appointed under Subsection (1)(b) may not vote on any action proposed by the licensing committee regarding residential child care. |
| (7) |
A member appointed under Subsection (1)(c) may not vote on any action proposed by the licensing committee regarding center based child care. |
| (8) |
A member of the licensing committee may not receive compensation or benefits for the member’s service, but may receive per diem and travel expenses as allowed in:
| (c) |
rules made by the Division of Finance in accordance with Sections 63A-3-106 and 63A-3-107. |
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| (9) |
The licensing committee shall:
| (a) |
in concurrence with the department and in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, make rules that govern center based child care and residential child care, as those terms are defined in Section 26B-2-401, as necessary to protect qualifying children’s common needs for a safe and healthy environment, to provide for:
| (i) |
adequate facilities and equipment; and |
| (ii) |
competent caregivers considering the age of the children and the type of program offered by the licensee |
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| (b) |
in concurrence with the department and in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, make rules necessary to carry out the purposes of 4, that govern center based child care and residential child care, as those terms are defined in Section 26B-2-401, in the following areas:
| (i) |
requirements for applications, the application process, and compliance with other applicable statutes and rules; |
| (ii) |
documentation, policies, and procedures that providers shall have in place in order to be licensed, in accordance with this Subsection (9); |
| (iii) |
categories, classifications, and duration of initial and ongoing licenses; |
| (iv) |
changes of ownership or name, changes in licensure status, and changes in operational status; |
| (v) |
license expiration and renewal, contents, and posting requirements; |
| (vi) |
procedures for inspections, complaint resolution, disciplinary actions, and other procedural measures to encourage and ensure compliance with statute and rule; and |
| (vii) |
guidelines necessary to ensure consistency and appropriateness in the regulation and discipline of licensees; |
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| (c) |
advise the department on the administration of a matter affecting center based child care or residential child care, as those terms are defined in Section 26B-2-401; |
| (d) |
advise and assist the department in conducting center based child care provider seminars and residential child care seminars; and |
| (e) |
perform other duties as provided in Section 26B-2-402. |
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| (10) |
| (a) |
The licensing committee may not enforce the rules adopted under this section. |
| (b) |
the department shall enforce the rules adopted under this section in accordance with Section 26B-2-402. |
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Amended by Chapter 249, 2023 General Session
Renumbered and Amended by Chapter 305, 2023 General Session
