Page 60

60

117.3 Parties may participate in settlement negotiations prior to a hearing, and may enter into a negotiated settlement agreement in lieu of participating in a hearing.

117.4 Each hearing shall be conducted in accordance with the requirements of the District of Columbia Administrative Procedure Act, approved October 21, 1968 (82 Stat. 1208; D.C. Official Code § 2-509), unless otherwise provided in this chapter, the OAH Act, or in the OAH Rules of Practice and Procedure set out at 1 DCMR Chapters 28 and 29.

117.5 Any person(s) aggrieved by a final decision of OAH may appeal the decision to the District of Columbia Court of Appeals pursuant to Section 11 of the District of Columbia Administrative Procedure Act, approved October 21, 1968 (82 Stat. 1209; D.C. Official Code § 2-510).

118 REQUIREMENTS FOR ALL LICENSED CHILD DEVELOPMENT FACILITIES

118.1 A licensed Child Development Facility (“Licensee”) shall operate in accordance with the license capacity, age range limitations, hours of operation and other specific service requirements or restrictions designated on its license.

118.2 Except as provided in Subsection 118.3, a Licensee shall comply with the requirements set forth in Sections 118 to 161, regardless of the Licensee’s classification as a Center, Child Development Home, Expanded Home, or out-of- school-time program.

118.3 If a conflict exists between a general requirement set forth in Sections 118 to 161, and a specific requirement of this chapter applicable to a particular classification or size of Child Development Facility, the specific requirement shall apply.

118.4 A Licensee shall exclude any employee with a communicable disease from the workplace, to the same extent and in the same manner as school employees are excluded and readmitted pursuant to 5-E DCMR §§ 1023.1, 1023.5, and 1023.9.

118.5 A Licensee shall protect the safety, health, and welfare of all children within their care.

119 CAPACITY

119.1 License capacity is the maximum number of children the Licensee is licensed to care for at any given time, as determined by OSSE.

119.2 OSSE shall determine limitations on the license capacity based on the following criteria: