Page 14

(d) "Substantially all" means acquisition of 90 percent or more of the predecessor's assets. (e) A "principal" is an individual who is responsible for the day to day business of a child care center, if that individual has an ownership interest in the center. An ownership interest includes a shareholder, director, or officer of a corporation, and a partner, member, or manager of a limited liability partnership or company. R986-700-735. Appeals. (1) A client may appeal an adverse agency action pursuant to Rule R986-100. (2) A provider may appeal an overpayment pursuant to Rule R986-100. Any appeal must be filed in writing within 30 days of the date of the notice of agency action establishing the overpayment. (3) A provider may appeal an ADH disqualification pursuant to Section 63G-4-402 of the Administrative Procedures Act, Section R986-100-135, and Subsection R986-100-735(3). Any appeal must be filed in writing within 30 days of the date of the ALJ order. R986-700-740. Child Care Quality System (CCQS) Definitions and Acronyms. In addition to the definitions and acronyms found in Title 35A, Chapter 3, Employment Support Act, Sections R986-100-103, R986-100-104, and R986-700-701.1, the following definitions apply to CCQS: (1) "CC subsidy" means a Child Care assistance subsidy payment. (2) "CCL" means Utah Department of Health, Child Care Licensing Program. (3) "Certified quality rating" means the CCQS rating determined by applying the CCQS framework and assigned by OCC. (4) "Certified Quality Rating Review Committee" or "Review Committee" means a committee consisting of one representative from OCC, one representative from a licensed private program; and one expert in the field of early childhood education or school-age children, which reviews disputed quality ratings and makes recommendations to the Director of Adjudication concerning final certified quality rating decisions. (5) "Child Care Quality System" or "CCQS" refers to the comprehensive statewide system administered by OCC that provides quality ratings to eligible programs and supports programs in attaining higher levels of quality. (6) "CCQS status" means the status assigned by OCC to a program without a default rating or certified quality rating. (7) DWS-eligible program or "eligible provider" means a provider who: (a) meets CCDF eligibility requirements; (b) is compliant with CCL licensing requirements; (c) has followed the CCL process to indicate the program will accept funding from OCC, including funding for children covered by CC subsidy; and (d) can potentially receive CC subsidy and OCC grants, including ESG, if approved. (8) "Enhanced Subsidy Grant" or "ESG" refers to monthly payments issued to an eligible program serving children covered by CC subsidies and achieving a rating of High Quality or High Quality Plus. (9) "License in good standing" means a program is licensed by CCL, but not with a conditional license. (10) "Not participating" is a CCQS Status referring to a program that: (a) has withdrawn from participation in the CCQS; (b) does not hold a center license in good standing from CCL; (c) is ineligible due to being disqualified by OCC; or (d) has not applied for a certified quality rating and has not elected to become DWS-eligible. (11) "Program" refers to an individual location of a child care business. R986-700-741. CCQS Rating and Status. (1) Each licensed center program shall receive a CCQS rating or status, unless the program withdraws from participation following the process established by OCC policy. (a) A licensed center program who chooses not to apply for a certified quality rating will receive a default rating. (b) A DWS-Eligible child care program is required to participate in CCQS to remain an eligible provider. Participation means maintaining at least a default rating. An eligible provider is not required to submit an application for a certified quality rating. (c) All CCQS ratings or statuses shall be made public on the Care About Childcare website. (d) A DWS-eligible child care program which withdraws from participation in CCQS will become ineligible to receive CC subsidy and CCQS grants or funding. (2) A program may apply for a certified quality rating in accordance with OCC policy through the Care About Childcare website. (a) A rating shall be awarded or a status shall be assigned no later than 180 days after the application was submitted. (b) Certified quality ratings will be published publicly on the first day of the month of the certified rating period. (3) A certified quality rating shall remain in place during the 12-month certified quality rating period unless a program: (a) loses its license in good standing and goes on conditional license; or (b) is disqualified from accepting funds from CCDF. (4) The 12-month certified quality rating period may be modified when a program is receiving CCQS technical assistance and support from OCC, in accordance with OCC policy.