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What is NYC AC § 17-1307?

Quick Answer

This section establishes civil penalties for child care services that violate specific provisions related to operation and safety. A $500 penalty applies for violations of section 17-1303, while a $1,000 penalty is set for failing to disclose serious incidents. Applies to child care service operators and applicants for permits.

General informational summary. Not legal advice for your situation. Consult an attorney before acting on any specific matter.

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§ 17-1307 Penalties.

AC § 17-1307

a. Any child care service found in violation of section 17-1303 or any provision of any rule promulgated thereunder shall be subject to a civil penalty of $500 for each such violation. b. Any applicant for a new or renewal permit to operate a child care service found in violation of section 17-1304, or of any provision of any rule promulgated thereunder, for failing to disclose whether a serious injury or the death of a child in its care shall be subject to a civil penalty of $1,000 for each such violation. c. Any child care service that violates section 17-1303 or any rule promulgated thereunder shall not be subject to a civil penalty for a first-time violation if such child care service proves to the satisfaction of the department, within seven days of the issuance of the notice of violation and prior to the commencement of an adjudication of the violation, that the violation has been cured. The submission of proof of a cure, if accepted by the department as proof that the violation has been cured, shall be deemed an admission of liability for all purposes. The option of presenting proof that the violation has been cured shall be offered as part of any settlement offer made by the department to a child care service that has received, for the first time, a notice of violation of section 17-1303 or any rules promulgated pursuant thereto. The department shall permit such proof to be submitted electronically or in person. A child care service may seek review, in the office of administrative trials and hearings, of the determination that the child care service has not submitted proof of a cure within 15 days of receiving written notification of such determination. (L.L. 2021/080, 7/18/2021, eff. 1/14/2022) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2010/022 and L.L. 2021/080.

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