2005 Arizona Revised Statutes - Revised Statutes §36-882  License; posting; transfer prohibited; fee

A. A child care facility shall not receive any child for care, supervision or training unless the facility is licensed by the department of health services.

B. An application for a license shall be made on a form prescribed by the department and shall include all information required by the department including:

1. The name and business or residential address of each controlling person and an affirmation by the applicant that no controlling person has been denied a certificate to operate a child care group home or a license to operate a child care facility for the care of children in this state or another state or has had a license to operate a child care facility or a certificate to operate a child care group home revoked for reasons that relate to the endangerment of the health and safety of children.

2. The names and addresses of the owners and lessees of any agricultural land within one-fourth mile of the facility. Within ten days of receipt of an application for a license, the department shall notify the owners and lessees of agricultural land as listed on the application.

C. On application for a license the department shall investigate the applicant's physical space, activities and standards of care. If the department is satisfied that the applicant and the applicant's facility are in substantial compliance with the requirements of this article and the facility agrees to carry out a plan acceptable to the director to eliminate any deficiencies, the department shall issue a regular license. If the facility's director changes, the department may require the regular license to revert to a provisional license for a period of not to exceed six months. The department shall issue a regular license on satisfactory completion of the provisional period for the remainder of the licensure period. The department may issue a provisional license for a period not to exceed six months to a child care facility that is temporarily unable to maintain substantial compliance with the established standards and does not threaten the health or safety of children. A provisional license shall state the reason for provisional status.

D. The department shall deny any license that affects agricultural land regulated pursuant to section 3-365, except that the owner of the agricultural land may agree to comply with the buffer zone requirements of section 3-365. If the owner agrees in writing to comply with the buffer zone requirements and records the agreement in the office of the county recorder as a restrictive covenant running with the title to the land, the department may license the child care facility to be located within the affected buffer zone. The agreement may include any stipulations regarding the child care facility, including conditions for future expansion of the facility and changes in the operational status of the facility that will result in a breach of the agreement. This subsection shall not apply to the issuance or renewal of a license for a child care facility located in the same location for which a child care facility license was previously issued.

E. An applicant for a license shall submit the notarized form required pursuant to section 36-883.02 with the application and shall have a valid fingerprint clearance card issued pursuant to title 41, chapter 12, article 3.1.

F. The fee for an initial application for licensure is one hundred fifty dollars and is not refundable. The application fee is for the first full licensure period including any provisional period. The application fee for renewal of a license is one hundred fifty dollars and is not refundable. An applicant for renewal who fails to submit the application forty-five days before the expiration of the license is subject to a fifty dollar late filing fee. The department shall deposit, pursuant to sections 35-146 and 35-147, late filing fees in the state general fund.

G. A license is valid for three years from the date of issuance and shall specify the following:

1. The name of the applicant.

2. The exact address where the applicant will locate the facility.

3. The maximum number and age limitations of children that shall be cared for at any one time.

4. The classification of services that the facility is licensed to provide.

H. The licensee shall notify the department in writing within ten days of any change in the child care facility's director.

I. The license is not transferable from person to person and is valid only for the quarters occupied at the time of issuance.

J. The license shall be conspicuously posted in the child care facility.

K. The licensee shall conspicuously post a schedule of fees charged for services and the established policy for a refund of fees for services not rendered.

L. The licensee shall keep current department inspection reports at the child care facility and shall make them available to parents on request. The licensee shall conspicuously post a notice that identifies the location where these inspection reports are available for review.

M. The department of health services shall notify the department of public safety if the department of health services receives credible evidence that a licensee who possesses a valid fingerprint clearance card either:

1. Is arrested for or charged with an offense listed in section 41-1758.03, subsection B.

2. Falsified information on the form required by subsection E of this section.