DCDEE Administrative Actions in North Carolina: What Child Care Providers Must Post and How to Respond
Understanding a Notice of Administrative Action
Receiving a Notice of Administrative Action from the North Carolina Division of Child Development and Early Education (DCDEE) can be an unsettling experience. These notices typically follow a DCDEE investigation into a complaint or regulatory issue involving a licensed child care facility.
The notice outlines the Division’s findings and the administrative measure it intends to take—such as a written warning, provisional license, or suspension. Unless the recipient takes specific legal action within the designated timeframe, the Division’s decision becomes final and enforceable.
For providers, it’s essential to understand not only what the notice means but also what legal obligations it triggers, particularly under 10A NCAC 09 .2201(i), which governs posting and parent-notification requirements.
Legal Authority for DCDEE Administrative Actions
The DCDEE derives its authority from Chapter 110 of the North Carolina General Statutes, particularly:
G.S. 110-105.3, which authorizes investigations into licensed child care facilities; and
G.S. 110-105.6, which empowers the Division to impose administrative penalties, restrictions, or conditions on a facility’s license.
The detailed procedures for implementing these statutes are found in the North Carolina Administrative Code, specifically 10A NCAC 09 .2201.
Posting and Notification Requirements (10A NCAC 09 .2201(i))
Under 10A NCAC 09 .2201(i), when the Division issues an administrative action, the child care operator is legally required to:
Post the administrative action, cover letter, and any corrective action plan received from the Division in a location visible to parents and visitors, usually near the main entrance of the facility; and
Keep the posting up throughout the appeal period and for the entire effective duration of the action.
The regulation further specifies the minimum posting periods for different types of actions:
Written reprimand: Must remain posted for three months from receipt of the final notice.
Written warning: Must remain posted for three months or until the Division issues a closure letter confirming completion of the corrective plan.
Provisional or probationary license: Must remain posted until the Division issues a new license or notice of compliance.
These provisions are designed to ensure transparency, accountability, and informed decision-making by parents and guardians.
Your Right to Appeal an Administrative Action
If you disagree with DCDEE’s findings or believe the agency acted improperly, you have the right to appeal the decision by filing a Petition for a Contested Case with the North Carolina Office of Administrative Hearings (OAH)—typically within 30 days of receiving the notice.
Under G.S. 150B-23, valid grounds for appeal include that the agency:
Exceeded its authority or jurisdiction;
Acted erroneously;
Failed to follow proper procedure;
Acted arbitrarily or capriciously; or
Failed to act as required by law or rule.
During the appeal process, the posting requirement under 10A NCAC 09 .2201(i) remains in effect until the action is overturned or resolved.
What Happens After Filing an Appeal
Once a contested case is filed, your attorney may request discovery and begin discussions with the Division’s legal counsel. Often, cases are resolved through negotiated settlements, which can lead to reduced penalties or alternative corrective measures without a formal OAH hearing.
Because these matters sometimes involve children or sensitive records, your attorney can request that the proceedings be sealed to protect confidentiality.
The Importance of Legal Counsel
Navigating an administrative action from the DCDEE requires careful attention to detail, procedural deadlines, and strategic judgment. An experienced attorney who focuses on North Carolina administrative and licensing law can:
Review the Division’s findings and ensure DCDEE followed proper procedures;
File and litigate an appeal before the Office of Administrative Hearings;
Negotiate with the Division for a favorable resolution; and
Provide advice on limiting reputational harm and maintaining compliance going forward.
With skilled representation, many child care providers are able to resolve their cases efficiently and protect their license to operate.
Conclusion
When the DCDEE issues an administrative action, the posting and parent-notification requirements under 10A NCAC 09 .2201(i) are mandatory, even during an appeal.
While receiving such a notice can be stressful, it does not have to jeopardize your career or business. By acting promptly, understanding your rights, and seeking experienced legal guidance, you can respond effectively, protect your reputation, and maintain compliance with North Carolina’s child care laws.