(1) Except as provided in Section 26B-2-405, and subject to Subsection (2), a person shall obtain a license from the department if: (a) the person provides center based child care for five or more qualifying children; (b) the person provides residential child care for nine or more qualifying children; or (c) the person: (i) provides child care; (ii) is not required to obtain a license under Subsection (1)(a) or (b); and (iii) requests to be licensed. (2) Notwithstanding Subsection (1), a certified provider may, in accordance with rules made by the department under Subsection 26B-2-402(3), exceed the certified provider's capacity limit to provide after school child care without obtaining a license from the department. (3) The department may issue licenses for a period not exceeding 24 months to child care providers who meet the requirements of: (a) this part; and (b) the department's rules governing child care programs. (4) A license issued under this part is not assignable or transferable. Renumbered and Amended by Chapter 305, 2023 General Session
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