20-1A-38. Change of directors; records check requirements.

If the director of a licensed, commissioned, or permitted early care and education program ceases to be the director of that early care and education program, the license holder, commission holder, or permit holder shall thereupon designate a new director. After such change, the license holder, commission holder, or permit holder of that early care and education program shall notify the department of such change and of any additional information the department may require regarding the newly designated director of that early care and education program, including a records check application. Such individuals shall also submit all necessary applications, fees, and acceptable fingerprints to GCIC and appropriate agencies. If the department determines that such newly designated director has received a comprehensive records check determination that is satisfactory and that includes a records check clearance date that is no more than 12 months old, notwithstanding Code Section 20-1A-45, or had an unsatisfactory determination reversed pursuant to Code Section 20-1A-43 within the prior 12 months, notwithstanding Code Section 20-1A-45, such determination shall be deemed to be satisfactory for purposes of this article. The time frames set forth in this subsection shall not apply when fingerprints have been retained by the department due to its participation in the program described in subparagraph (a)(1)(F) of Code Section 35-3-33.#

If the department determines under subsection (a) of this Code section that a licensed, commissioned, or permitted early care and education program knows or should reasonably know that the newly designated director has a criminal record or an unsatisfactory determination issued by the department that has not been reversed pursuant to Code Section 20-1A-43, notwithstanding Code Section 20-1A-45, and allows the director to be present at a facility while children are present for care or to reside in the facility, then the license, commission, or permit for that program shall be revoked.#