Chapter  7 Punitive Provisions

Article 45
Any responsible persons or perpetrators employed by a preschool who conform to any one of the following statements shall be subject to a fine of not less than 60,000 New Taiwan Dollars and not more than 300,000 New Taiwan Dollars; in addition, the preschool shall be ordered to suspend operations. Refusal to comply may be subject to consecutive fines:
1. Violated Paragraph 1 of Article 8 by enrolling children and conducting educare services without approval.
2. Violated Paragraphs 2 to 4 of Article 8 by enrolling children and conducting educare services without approval.
3. Violated Paragraph 2 of Article 43 by enrolling children in after-school care services without approval.
If any of the Subparagraphs in the preceding Paragraph is true, the municipal or county (city) competent authority shall make public the address of the preschool and the name of the responsible person or perpetrator.

Article 46
In addition to the punitive measures provided in Article 97 of the Protection of Children and Youths Welfare and Rights Act for acts violating Article 49 of said Act, any responsible persons or other personnel of an educare institution who violate Paragraph 1 of Article 25 shall be subject to the following punitive measures and have the name of the perpetrator and institution be made public:
1. For inflicting corporal punishment: a fine of not less than 60,000 New Taiwan Dollars and not more than 500,000 New Taiwan Dollars
2. For committing sexual harassment: a fine of not less than 60,000 New Taiwan Dollars and not more than 300,000 New Taiwan Dollars
3. For using inappropriate discipline: a fine of not less than 6,000 New Taiwan Dollars and not more than 30,000 New Taiwan Dollars

Article 47
Educare institutions which violate Paragraph 3 of Article 15 or Paragraph 4 of Article 23 shall be ordered to take corrective actions by a specified date and the responsible person shall be subject to a fine of not less than 50,000 New Taiwan Dollars and not more than 250,000 New Taiwan Dollars. Failure to take corrective actions by the specified date may be subject to consecutive fines, and may result in suspension of enrollment or revocation of establishment permit if necessary.
Any responsible persons or other personnel of an educare institution who violate Paragraph 5 or Article 23 shall be subject to a fine of not less than 30,000 New Taiwan Dollars and not more than 150,000 New Taiwan Dollars.

Article 48
For educare institutions, responsible persons, or other personnel who violate the provisions of Paragraph 5 of Article 27, the responsible person or other personnel shall be subject to a fine of not less than 30,000 New Taiwan Dollars and not more than 150,000 New Taiwan Dollars, and may be fined consecutively per violation.

Article 49
For preschools about which any of the following statements is true, the responsible person shall be subject a fine of not less than 6,000 New Taiwan Dollars and not more than 30,000 New Taiwan Dollars, and the preschool shall be ordered to take corrective actions by a specified date; failure to take corrective actions by the specified date shall result in consecutive fines per violation. Serious violations or failure to take corrective actions after 3 fines may, depending on the severity of the violation, result in the reduction of number of children enrolled within a certain period, the suspension of enrollment for 6 months to one year, suspension of operations for 1 to 3 years, or the revocation of establishment permit:
1. Those that violate the standards or regulations for basic facilities, equipment, and enrollment quota prescribed in Paragraph 6 of Article 8.
2. Those that violate Paragraph 1 of Article 20 by employing unqualified personnel.
3. Those that violate Paragraph 1, 3, or 9 of Article 23 by knowingly employing personnel who are not permitted to work in preschools and not taking action in accordance with laws and regulations.
4. Those that violate Paragraph 2 of Article 24 by not taking action to replace the chairperson or supervisor of a preschool unsuitable for the position.
5. Those who violate Paragraph 2 of Article 26 by transporting children in unapproved children-only buses, vehicles over the maximum age of 10 years, or failing to allocate qualified preschool educators or persons over 20 years old as bus guardians on board in accordance with laws and regulations.
6. Those who violate the regulations for the color and markings of the children-only bus, the transportation of children, bus drivers, and bus guardians prescribed in Paragraph 3 of Article 26.
7. Those who violate Paragraph 1 of Article 29 by failing to secure group insurance for children.
8. Those who violate Paragraph 3 of Article 37 by failing to give refunds; those who violate Paragraph 2 of Article 38 by failing to submit fees and charges to the municipal or county (city) competent authority to file for reference or charge higher fees or charge for more items without filing for reference; or those who fail to give refunds in accordance with autonomous regulations referred to in Paragraph 5 or Article 38.
9. Those who violate Paragraph 4 of Article 41 by failing to improve following the results from follow-up evaluations.
10. Those who violate Paragraph 2 of Article 43 by discontinuing the preschool’s educare services.
11. Those who violate the provisions on service content, personnel qualifications, and regulations for charging and refunds prescribed in Regulations for Establishment and Management of After-school Care Service Classes and Centers for Children referred in Paragraph 3 of Article 43.
12. Those who violate the provisions regarding transporting children in unathorized or checked vehicles, vehicles over the maximum age allowed for the transportation of students, vehicle colors and markings, exceeding the number of people allowed in the vehicle, the transportation of children, bus drivers, and bus guardians prescribed in the Regulations on Management of School Buses referred in Paragrah 3 of Article 43.
13. Those who violate the provisions for personnel quota, management, and facilities and equipment referred to in Paragraph 4 of Article 43.

Article 50
Educare institutions providing community, tribal, or workplace cooperative educare services about which any of the following statements is true shall be ordered to take corrective actions by a specified date and failure to take corrective actions by the specified date shall result in the responsible persons being fined not less than 3,000 New Taiwan Dollars and not more than 30,000 New Taiwan Dollars consecutively per violation. Serious violations or failure to take corrective actions after 3 fines may, depending on the severity of the violation, result in the reduction of number of children enrolled within a certain period, the suspension of enrollment for 6 months to one year, suspension of operations for 1 to 3 years, or the revocation of establishment permit:
1. Those who violate Paragraph 5 of Article 10 regarding mandatory or prohibitive regulations on enrollment quota, qualifications and allocation of personnel, fee collection and refund, environment, facilities and equipment, healthcare and sanitation, inspection, and management.
2. Those who violate Paragraph 2 of Article 15 by making use of preschool educators’ certificates or credentials who do not work in said institution.
3. Those that violate Paragraph 1 of Article 20 by employing unqualified personnel.
4. Those that violate Paragraph 1, 3, of 9 of Article 23 by knowingly employing personnel who are not permitted to work in educare institutions and not taking action in accordance with laws and regulations.
5. Those that violate Paragraph 2 of Article 24 by not taking action to replace the chairperson or supervisor of an educare institution unsuitable for the position.
6. Those who violate Paragraph 1 of Article 29 by failing to secure group insurance for children.
7. Those who violate Paragraph 2 of Article 38 by failing to submit fees and charges to the municipal or county (city) competent authority to file for reference or charge higher fees or charge for more items without filing for reference; or those who fail to give refunds in accordance with autonomous regulations referred to in Paragrph 5 or Article 38.

Article 51
Educare institutions about which any of the following statements is true shall be ordered to take corrective actions by a specified date and failure to take corrective actions by the specified date shall result in the responsible persons being fined not less than 3,000 New Taiwan Dollars and not more than 30,000 New Taiwan Dollars consecutively per violation. Serious violations or failure to take corrective actions after 3 fines may, depending on the severity of the violation, result in the reduction of number of children enrolled within a certain period, the suspension of enrollment for 6 months to one year, suspension of operations for 1 to 3 years, or the revocation of establishment permit:
1. Those who violate Paragraph 6 of Article 8 regarding regulations on floor plan, required space, gross floor area, floor area for interior and exterior activity space, height and quantity of sanitary equipment, and provisions regarding the reconstruction, relocation, expansion, change of name, replacement of the responsible person, or suspension of operations.
2. Those who violate Paragraph 4 of Article 12 regarding mandatory regulations on healthcare or prohibitive regulations on educare activities and courses.
3. Those who violate Paragraph 1, 3, 4, or 5 of Article 16.
4. Those who violate Paragraph 1, 2, or 4 of Article 17, or those who violate the standards for allocating cooks prescribed in Paragraph 7 of Article 17.
5. Those who violate Paragraph 7 of Article 23 regarding mandatory or prohibitive regulations on the determinations, reporting, information collection, inquiries made before and during employment, and information processing and use by educare institutions.
6. Those who violate Paragraph 1 of Article 28 by failing to establish guidelines or treatment measures.
7. Those who violate Paragraph 2 of Article 41 by avoiding, impeding, or refusing inspection, accreditation, or evaluation.
8. Those who engage in operations other than those approved.

Article 52
Educare institutions who violate the provisions of Paragraph 8 of Article 17, Paragraph 2 of Article 25, Paragraph 1 of Article 26, Paragraph 1, 2, or 4 of Article 27, Paragraph 2 of Article 28, Paragraph 2 of Article 29, Article 32, Article 33, Paragraph 1 of Article 37, Paragraph 3 of Article 38, or Article 40, shall be ordered to take corrective actions by a specified date and failure to take corrective actions by the specified date shall result in the responsible persons being fined not less than 3,000 New Taiwan Dollars and not more than 15,000 New Taiwan Dollars consecutively per violation. Serious violations or failure to take corrective actions after 3 fines may, depending on the severity of the violation, result in the reduction of number of children enrolled within a certain period, suspension of enrollment for 6 months to one year, suspension of operations for 1 to 3 years, or the revocation of establishment permit.
If the nature of the educare institution is a juridical person and the establishment permit has been revoked in accordance with the preceding Paragraph or in accordance with the provisions of Paragraph 2 of Article 24, Paragraph 1 of Article 47, Article 49, Article 50, Article 51, or Paragraph 3 of Article 53, the municipal or county (city) competent authority shall notify the court to order its dissolution.

Article 53
Bus drivers, bus guardians, or nurses about which any of the following statements is true shall be ordered to take corrective actions by a specified date and failure to take corrective actions by the specified date shall result in a fine of not less than 1,000 New Taiwan Dollars and not more than 6,000 New Taiwan Dollars consecutively per violation:
1. Those who violate Paragraph 4 of Article 26 by failing to receive at least 8 hours of basic cardiopulmonary resuscitation training, at least 3 hours of courses on safety education (including transportation safety), and at least one emergency drill within the stipulated period.
2. Those who violate Paragraph 3 of Article 28 by failing to receive 8 hours of emergency medical training every two years.
Those for whom one of the Subparagraphs of the preceding Paragraph is true shall not be penalized if the cause is confirmed by the municipal or county (city) competent authority to be not attributable to said bus driver, bus guardian, or nurse.
In the case that the cause in the preceding Paragraph is attributable to the preschool, the preschool shall be ordered to take corrective actions by a specified date and failure to take corrective actions by the specified date shall result in a fine of not less than 1,000 New Taiwan Dollars and not more than 6,000 New Taiwan Dollars consecutively per violation. Serious violations or failure to take corrective actions after 3 fines may, depending on the severity of the violation, result in the reduction of number of children enrolled within a certain period, suspension of enrollment for 6 months to one year, suspension of operations for 1 to 3 years, or revocation of establishment permit.

Article 54
Specific terms and dates for corrective actions and penalties stated in this Act shall be determined by the municipal or county (city) competent authority; municipal or county (city) competent authorities may increase the fine appropriately in accordance with Paragraph 2 of Article 18 of the Administrative Penalty Act.
Regarding educare institutions that violate this Act and are subject to fines, reduction of number of children enrolled, suspension of enrollment, suspension of operations, or revocation of establishment permit by the municipal or county (city) competent authority, the name and responsible persons of said educare institution shall be made public by the municipal or county (city) competent authority.