Thursday's action comes nearly a year after the day care was shut down after repeated violations of the state's safe drinking water act.
E-coli was found in the day care's water supply in June 2004. The day care was required to make bottled water available and publicly post the e-coli problem. In August, the state observed these requirements were not being met and shut the day care down.
After a brief period, it reopened, only to be shut down again in October for the same reasons.
The state is seeking civil damages, and the suspension of the operators license.
Deborah Howland, owner of the Kids University Child Care, did not return our message.