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(1) A licensed or registered day care provider will be sent notification at least 90 days prior to the expiration of the current license/registration certificate.

(a) The notice shall advise the provider that the current license/registration is expiring and shall inform the provider how to access the information needed to renew the certificate.

(b) the notice will also provide information on where and when to submit renewal information and will explain the consequences for late or incomplete submission of renewal materials.

(c) The provider and all staff must complete required training hours, including training in first aid and CPR, and the provider must submit proof that the training was completed prior to the date the day care certificate expires.

(d) If a complete renewal application is received on or before the current certificate expiration date, a "regular renewal certificate" will be issued and no break in the certificate date span will occur.

(e) If a renewal application is received before the current certificate expiration date but is incomplete, the department will identify to the provider, in writing, what items are missing. If those missing items are received before the certificate expiration date, there shall be no break in the certificate date span.

(2) If a provider is unable to fulfill all aspects of the renewal process due to circumstances beyond the provider's control such as a personal crisis involving the death of an immediate family member, a major medical emergency, or other good cause shown, the department may grant the provider a three month "provisional" registration. All licensing requirements for renewal must be completed by the end of the provisional period or the license will lapse. If all required materials are submitted within the three month period, the license will be reactivated as a regular renewal certificate.

(3) A "delayed registration" will be granted if a provider submits a renewal application which is received by the department prior to the expiration date of the current certificate, but the application is incomplete due to one or both of the following factors:

(a) events such as required provider or staff training or CPR classes are scheduled close to the expiration date of the license certificate and the department does not receive verification that the provider or staff have completed the required training until after the certificate expiration date; or

(b) a required event that is scheduled to occur before expiration of the license is cancelled at no fault of the provider and the event must be rescheduled after the expiration of the license certification.

(4) When a complete renewal packet is received after the expiration date, a regular registration will be issued effective the date the packet was submitted to the department, unless the department has another basis for taking negative licensing action and the license is or has been summarily suspended by the department pursuant to 2-4-631 (3) , MCA. The license will be deemed to have lapsed on the date of expiration.

(a) When a renewal packet is received after the expiration date and is incomplete, the department will notify the provider of what items must still be submitted to the department and a break in the certificate date span will occur until those missing items are submitted. The issuance date of the certificate will be the date the last requested item is received by the department.

(b) When a certificate has lapsed for 60 or more days, it will be deemed to have automatically terminated.

(5) Any provider whose license or registration is deemed terminated based upon failure to complete the renewal process within the timelines provided in this rule may be relicensed by filing a new license or registration application and meeting all initial licensure requirements.

History: 52-2-704, MCA; IMP, 52-2-704, 52-2-721, 52-2-722, 52-2-725, MCA; NEW, 2006 MAR p. 1424, Eff. 6/2/06.

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