03-22-1993 Council Packet - Laserfiche WebLink

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L A. r.oves tMe center to anotner facility; B. cnanges, sells, or transfers cwnersr.ip or responsibility for the operation of the center; C. changes the licensed capacity of the center; 0. changes the ages of children served; or E. changes the child care program options provided by the license holder. Subp. 5. CooBisslonec's right uf access. The conosissioner must be given access to the center# including grounds, doousents, persons served by the child care program, and staff persons in accordance with Minnesota Statutes, section 24SA.04, subdivision 4. Subp. 6. Variances. An applicant or license holder may request a variance to parts 9503.OOOS to 9503.0170 with the exception of those specified’in item 0 if tne request follows the procedures and standards specified in items A, B, and C. A. The request must be made in writing to the commissioner and must specify: requested; (1) the provision for which a variance is (3) the reasons the license holder cannot comply with the provision; (3) the period of time, not to exceed one year, for which the variance has bee.n requested; and (4) the equivalent measures the applicant or license holder will take to ensure the health, safety, or rights of children in care. B. The commissioner may grant a variance if the coasissioner determines that granting the variance would not adversely affect the health, safety, and rights of the children earollod in the center. C. Ztt determining whether a variance request nay be granted, the determination of the commissionei: is final and not subject to appeal. 0. A variance will not be granted froi any law or rule prohibiting the maltreatment of children including but not limited to illegal or unauthorised use of physical, mechanical, or chemical restraint; the illegal or unauthorized use of aversive or deprivation procedures; corporal punishment; and parts 9903.0005, subpart 35 (supervision); 9903.0030, aubpart 3 (disqualification factors); 9903.0040 (staff ratios and group sise); 9503.0050, subpart 3 (eonfinemenr limitation); 9503.0055 (prohibited actions); 9903.0070, subpart < (staffing); 9503.0080 (exclusion of sick children). 9503.OOtS (sick care program); 9503.0130, subparts 1 and 3 (reporting); 9503.0140, subpart 17 (hasardous objects); 9503.0145, subpart 3 (sanitation); 9503.0190 (transportation); and 9903.0155, suoparts 1 (occupancy designation), 3 (fire inspection), and 3 (reinspection for cause). Subp. 7. Correction orders and fines. It the commissioner finds that the license holder does not comply with parts 9503.0009 to 9503.0170, the commissioner msy issue a correction order as sat forth in Minnesota Statutes, section 345A.08, subdivisions 1 and 3. Xf the license holder has not corrected the violation within the time set for correction, the eosmUssioner nay impose a fine under Minnesota Statutes, section