Tracking# 2013-01119
FA/P 12/6/13, eff. 2/1/13 

I:/13010201.rtf 
(I:/13010201.doc)

(12 CCR 2509-1)

[Instructions: insert before line 1585539.] 
Revisions to Sections 7.701.13 and 7.701.33 were final adoption following publication at the 12/6/2013 State Board meeting (Rule-making# 13-1-2-1), with an effective date of 2/1/2014. Statement of Basis and Purpose and specific statutory authority for these revisions were incorporated by reference into the rule. These materials are available for review by the public during normal working hours at the Colorado Department of Human Services, Office of Enterprise Partnerships, Division of Boards and Commissions, State Board Administration.

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(12 CCR 2509-8)

[Instructions: replace lines 2176989 through 2176994.] 
7.701.13  Waivers [Rev. eff. 2/1/14] 
A.  A person who has applied for or been issued a certificate or license to operate a child care facility or child placement agency has the right to request a waiver of any rule or regulation which, in his/her opinion, works an undue hardship on the person, facility, or the community, or has been too stringently applied by a representative of the Department.
B.  Requests for waivers must be submitted to the Department in writing within sixty (60) calendar days of the date on which the rule allegedly was too stringently applied or created the hardship. Requests must include the name and address of the facility, its assigned license number, the citation of the rule for which a waiver is being sought, and all relevant information regarding the alleged hardship or evidence of the rule being too stringently applied. 
C.  Pursuant to Section 26-6-105.7, C.R.S., materials waivers are different than general waivers in several ways. Child care centers may apply for a waiver to use certain materials in its program pursuant to Section 26-6-105.7(2)(a), (b), C.R.S. 
D.  The Department will designate, pursuant to the Child Care Licensing Act, Section 26-6-106(3), C.R.S., an appeal panel, which will meet to review appeal requests and make recommendations to the Executive Director of the Colorado Department of Human Services, and the Director will issue a decision. Decisions of the Executive Director are final and not subject to judicial review. Requests for an appeal shall be submitted to the Office of Early Childhood. 
E.  The Department shall make a decision on waiver requests and notify the child care center of its decision no later than sixty (60) calendar days of receipt of the request. 
F.  If a child care facility or agency is aggrieved by the decision of the appeal panel, the facility or agency has the following rights: 
1.  If the denial of a waiver request relates to a request for a materials waiver/appeal, the facility or agency may petition the Colorado Department of human services (“The Department”) in writing within forty-five (45) calendar days to appeal the denial decision. 
2.  If the appeal/waiver relates to any other rule than a materials waiver/appeal, the facility has a right to a formal hearing pursuant to Section 24-4-105, C.R.S., if the facility or agency petitions the Department in writing within thirty (30) calendar days of receipt of the written appeal decision. 
G.  For appeals of materials waiver/appeal denials, the Executive Director or designee shall act upon the appeal within forty-five (45) calendar days and shall provide notice of his/her decision on the appeal within ten (10) calendar days. 
H.  For appeals of materials waiver/appeal denials, the appealing child care center has the right to request a meeting in person with Department personnel regarding the appeal.
I.  For appeals of materials waiver/appeal denials, the entire appeals process shall last no longer than one hundred (100) calendar days after the date of the notice of the denial of the waiver request.
J.  Written decisions of the appeal panel shall be posted beside the child care license, but posting of the decision shall not occur until the appeal is final. The Department shall not post the decision to deny a waiver on its web site until the appeal is final. 

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[Instructions: replace lines 2300592 through 2300600.] 
7.701.33  Criminal Record Check [Rev. eff. 2/1/14]
A.  Criminal records checks are required under the following circumstances:
1.  Each applicant listed below shall submit to the Colorado Bureau of Investigation (CBI) and the Federal Bureau of Investigation (FBI) a complete set of fingerprints taken by a qualified law enforcement agency to obtain any criminal record held by the CBI and FBI. Payment of the fee for the criminal record check is the responsibility of the individual being checked, identified as follows: 
a.  Each applicant for an original license for a center, facility, or agency and any adult eighteen (18) years of age or older who resides in the licensed center, facility or agency.
b.  Each exempt family child care home provider who provides care for a child and each individual who provides care for a child who is related to the individual (referred collectively in this section as a "qualified provider"), if the child’s care is funded in whole or in part with money received on the child’s behalf from the publicly funded Colorado Child Care Assistance Program; and, any adult eighteen (18) years of age or older who resides with a qualified provider where the care is provided.
c.  Applicants for an original certificate for a foster care home, and any adult eighteen (18) years of age or older who resides in the certified foster care home.
d.  Specialized group home parents and any person working in a twenty-four (24) hour child care facility.
2.  Each applicant for an original license for a Neighborhood Youth Organization shall comply with the criminal background check requirements found at Section 26-6-103.7(4), C.R.S. 
The applicant shall ascertain whether the person being investigated has been convicted of felony child abuse as specified in Section 18-6-401, C.R.S., or a felony offense involving unlawful sexual behavior as defined in Section 16-22-102(9), C.R.S. The Neighborhood Youth Organization shall not hire a person as an employee or approve a person as a volunteer after confirmation of such a criminal history.

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