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37.75.206    RECRUITMENT

(1) Day care home (DCH) sponsors are encouraged to recruit DCH providers to participate in the CACFP that are not currently participating and that have not participated in the CACFP through any sponsor within the last 30 days.

(2) A DCH sponsor may not recruit a provider that is participating in the CACFP under a current CACFP sponsor/provider agreement with any other DCH sponsor.

(3) A sponsor that the Montana CACFP determines has engaged in active recruitment as defined in ARM 37.75.101 will be subject to disciplinary action.

(4) Corrective action will include the following:

(a) Upon first violation, the Montana CACFP will issue a letter of warning to the sponsor stating that a recruiting violation has occurred, and the sponsor is required to complete a corrective action plan.

(b) Upon a second violation, the Montana CACFP will issue notice to the sponsor warning that a second recruiting violation has occurred and indicate that the sponsor must complete a corrective action plan; and

(i) The sponsor will be restricted to recruiting only new providers who are not currently participating in the CACFP; and

(ii) The sponsor may not accept any DCH providers that are changing sponsors or enroll a provider if the provider has participated in the CACFP within the preceding six months.

(c) If more than two violations occur, the department will issue written notice to the sponsor that a recruiting violation has occurred, written notice that it is seriously deficient and that, if the serious deficiency is not fully and permanently corrected, an intent to terminate will be issued. The number of DCH providers served by the sponsor will be capped for a minimum of one year, and the sponsor will not be allowed to enroll any new providers or providers changing sponsors without specific prior written approval from the Montana CACFP.

(5) Simultaneous active recruitment of multiple providers will be treated as a single violation.

(6) A corrective action for active recruitment will remain in effect from the date of violation for three years. Three years after the original violation, the violation cycle will start over, with the exception that, if a third recruiting violation occurs, the minimum one year cap on enrollment may continue into the following three year period. An example is:

(a) an original violation occurs on November 1, 2006;

(b) a third recruiting violation occurs on October 30, 2009; and

(c) enrollment is capped from October 30, 2009 through October 30, 2010, extending into the following three year period.

(7) When a third recruiting violation occurs and enrollment is capped for one year for a period which spans two three year periods, the violation will count as the third violation in the previous three year period and will not count as the first violation in the next three year period.

History: 52-2-704, MCA; IMP, 52-2-702, 52-2-704, MCA; NEW, 2003 MAR p. 981, Eff. 5/9/03; AMD, 2006 MAR p. 331, Eff. 2/10/06.

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