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(d) The department will not and a designee may not grant approval for participation in the child care assistance program for applicants under 7 AAC 41.201(d) or 7 AAC 41.370, for more than one individual to operate as a child care provider during the same hours at the same location, including different levels or floors of the same home or separate rooms in a large building. This subsection does not apply to separate units in a multi-family dwelling, including a duplex, triplex, apartment building, or condominium complex. (e) An additional business, including one operated by the governing body or owner of a child care business, may not operate on the premises during the hours the business provides child care services, if customers of the additional business would have access to the child care premises or would interrupt the supervision of children in care. (Eff. 1/5/2017, Register 221) Statutory Authority: Authority: AS 47.05.300 AS 47.05.320 AS 47.05.340

AS 47.05.310 AS 47.05.330 AS 47.25.001 7 AAC 41.205. Child protection and background check requirements. (a) An individual in a child care business may not abuse a child or engage in any exploitive or sexual act with a child. The department or designee may require an individual who is subject to a background review under this section to provide an evaluation from a probation officer, health professional, or mental health professional affirming that the individual is free from problems that might pose a significant risk to the health, safety, or welfare of a child in care. (b) To participate in the child care assistance program, a child care provider identified in 7 AAC 41.200(a)(1) — (6) must meet the applicable requirements of AS 47.05.300 — 47.05.390 and 7 AAC 10.900 — 7 AAC 10.990 (barrier crimes and conditions; background checks) for that provider and for each individual associated with that provider in a manner described in 7 AAC 10.900(b). If the provider requests and receives a provisional valid background check under 7 AAC 10.920 for that provider or another individual, the department office responsible for approvals under this chapter will, or the designee shall, issue a provisional approval if the department or designee determines that the provider or other individual is otherwise eligible to provide care for children under this section. If the department determines under 7 AAC 10.915 that a barrier crime or condition exists with respect to the provider or other individual, or if the provisional valid background check issued under 7 AAC 10.920 expires, the department will, or the designee shall, revoke the approval unless the provider requests a variance under 7 AAC