Title 4 . Education and Early Development

Chapter 62 . (Repealed)

Section 45. Delegation and withdrawal of authority to license child care facilities

4 AAC 62.045. Delegation and withdrawal of authority to license child care facilities

(a) The department will delegate its authority relating to child care facilities to a municipality if the requirements of AS 14.37.010 (b) and this section are met.

(b) A municipality to which licensing powers have been delegated shall investigate, license, and supervise child care facilities within its jurisdiction and shall enforce the applicable standards established in AS 14.37 and this chapter unless the municipality has granted a variance from a requirement of AS 14.37 or this chapter to a particular child care facility.

(c) A municipality that requests delegation of the department's authority under AS 14.37.010 (b) shall

(1) specify, by ordinance, the kinds of child care facilities subject to licensure and supervision by the municipality;

(2) adopt, by ordinance, authority and procedures for licensing and enforcement of child care facilities that meet or exceed the criteria contained in AS 14.37 and this chapter;

(3) adopt, by ordinance, the applicable provisions of this chapter, except that, where a state statute or state regulation is referred to in this chapter, the municipality may instead refer to a similar existing municipal ordinance;

(4) establish licensing and enforcement procedures and submit a copy of those procedures to the department; and

(5) submit a copy of the municipality's child care licensing ordinance to the department, along with a request for delegation of authority under AS 14.37.010 (b).

(d) In order to ensure an orderly transition of authority under this section, the department will provide technical assistance to the municipality.

(e) A municipality to which child care licensing authority has been delegated shall maintain individual facility records documenting facility compliance or noncompliance with the applicable requirements of AS 14.37 and this chapter. If requested by the department, the municipality shall allow the department to review the municipality's facility records and conduct on-site compliance evaluations of facilities licensed by the municipality.

(f) A municipality to which licensing authority has been delegated under AS 14.37.010 (b) shall adopt any revisions to the applicable provisions of this chapter within 18 months of their effective date unless the department grants an extension for good cause.

(g) A municipality to which child care licensing authority has been delegated shall give at least 30 days advance notice to the department before adopting a change to the municipality's child care licensing ordinance.

(h) The department will, in its discretion, withdraw the licensing authority delegated under (a) of this section after 30 days notice to the municipality if the department determines that the

(1) licensing and enforcement actions of the municipality do not adequately reduce risk of harm to children in care; or

(2) municipality's requirements for child care facilities fail to meet or exceed the applicable requirements of AS 14.37 or this chapter.

(i) Nothing in this section prohibits a municipality to which licensing authority has been delegated under (a) of this section from adopting, by ordinance, additional municipal child care facility requirements that are more stringent than those set out in this chapter.

History: Eff. 1/1/96, Register 136; am 3/1/98, Register 145; am 2/8/2002, Register 161

Authority: AS 14.37.020