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Finally, OSSE has received comments that facilities have received inconsistent and arbitrary enforcement of the licensing regulations. The CCDBG Act requires that all licensing inspectors, who conduct pre-licensure inspections and monitoring visits, are qualified to inspect the facilities and have received training in related health and safety requirements appropriate to provider setting and age of children served. Accordingly, to comply with this CCDBG Act requirement and address the comments received regarding the enforcement of the licensing regulations, OSSE’s licensing specialist will all complete training provided by the National Association for Regulatory Administration (“NARA”). NARA is an international professional organization dedicated to promoting excellence in human care regulation and licensing through leadership, education, collaboration, and services. NARA represents all human care licensing, including child care, older adult care, child welfare, and program licensing for services related to mental illness, developmental disabilities and abuse of drugs or alcohol.

Enforcement Action Section 112 provides the overarching provisions for all enforcement actions a facility may be subject to and the following sections provide further detail for each specific enforcement action, where necessary. Section 112.1 sets forth a list of the various enforcement actions for violations of local or federal laws or regulations. Two commenters requested that “(g) Civil Fines;” and “(j) Criminal Prosecution” be removed from the list of possible enforcement actions. These two enforcement actions are not new actions but existed in the prior licensing regulations. Further, the authority to issue civil fines or pursue criminal prosecution is set forth in § 116. However, to provide clarity, the State Superintendent amended the language in § 112.1 by adding “or any other authorized government entity when that agency or entity has jurisdiction.” This amended language is consistent with the original intent in the proposed rulemaking but eliminates unnecessary ambiguity that the proper District authority could issue civil fines or pursue criminal prosecution for violation of applicable laws and regulations. Another commenter has asked for the rationale and legal authority to not provide advanced written notice to a facility prior to summary suspension or issuance of a cease and desist order in § 112.3. A summary suspension or cease and desist order is issued in situations when children are in imminent harm. In those situations, OSSE has the right and responsibility to immediately remove children and staff from harm prior to issuing written notice.

Summary Suspension The Facilities Act provides OSSE with authority to issue a summary suspension for imminent harm. Section 114.3 provides examples of imminent harm. Commenters did not request any amendment to the language in § 114.3 but have requested clarification regarding the standard for “poor air quality” and the meaning of “inadequate staffing”. The standard for poor air quality is set by the United State Department of Labor’s Occupational Safety and Health Administration and evaluated by the District’s DOEE. According to Caring for Our Children, children are particularly vulnerable to air pollution because their systems (respiratory, central nervous system, etc.) are still developing and they also breathe in more air relative to their weight than adults do. Indoor air pollution is often greater than outdoor levels of air pollution due to a general lack of adequate air filtration and ventilation, and lingering and build up of air contaminants emitted from certain furnishings. The presence of dirt, moisture, and warmth encourages the growth of mold and other contaminants, which can trigger allergic reactions and asthma. Inadequate staffing is any deficiencies in staffing that are required to operate a licensed facility