26B-2-403. Licensure requirements -- Expiration -- Renewal.
(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.