(a) The conditions for denial or removal from
the department's listing and the action taken by the department shall be as
follows:
(1) The department shall deny or
remove a provider from the department's listing if an applicant or listed
exempt center-based provider does not comply with the applicable statutes and
rules of the department under this chapter;
(2) The department may deny or remove a
provider from the authorized listing if an applicant or listed exempt
center-based provider does not cooperate with the department by providing
access to its facilities, records, and staff members.
(b) The department shall give notice when the
listing application is denied, or the exempt center-based provider is removed
from the department's listing. The notice shall:
(1) Be written and sent by certified or
registered mail addressed to the location shown on the listing
application;
(2) Contain a
statement of the reason(s) for the proposed action and shall inform the exempt
center-based provider of the right to appeal the decision to the director of
the department in writing, no later than ten working days after the mailing of
the notice of the proposed action.
(c) Upon receiving a timely written appeal,
the director of the department shall give notice of and an opportunity for an
administrative appeal hearing before a hearing officer. On the basis of the
evidence adduced at the hearing, the hearing officer shall make the final
decision of the department as to whether the application to be placed on the
department's listing shall be denied or the exempt center-based provider shall
be removed from the department's listing.
(d) If no timely written appeal is made,
processing of the application shall end or the exempt center-based provider
shall be removed from the department's listing as of the termination of the ten
working day period.
(e) The exempt
center-based provider shall be immediately removed from being on the
department's listing pending the completion of an investigation of a complaint
allegation that the exempt center-based provider may pose a risk to the
children in care, for conditions that include but are not limited to the
following:
(1) Fails to terminate the
employee, substitute, volunteer, or new employee who has a child abuse or
neglect, adult abuse, criminal, or background check history and is determined
to be not suitable to provide care in accordance with chapter 17-801;
(2) Fails to exclude the employee,
substitute, volunteer, or new employee who is the subject of an ongoing or
pending criminal, child welfare, or department investigation in accordance with
chapter 17-801;
(3) Does not
provide or require an employee, substitute, volunteer, or new employee to
consent to conduct background checks in accordance with chapter
17-801;
(4) Does not complete or
require an employee, substitute, volunteer, or new employee to complete the
health and safety trainings specified in section 17-800-10(b)(4); or
(5) Allows conditions to exist which
constitute an imminent danger to the health, welfare, or safety of the
children. These risks include but are not limited to the existence of a health
hazard on the premises, unsafe facility conditions that cannot be immediately
abated, or refusal to terminate an employee as specified in section
17-801-6.
(f) Upon
immediate removal from the department's listing pursuant to subsection (e), the
department shall:
(1) Provide the exempt
center-based provider written notice of the determination by personal service
or by certified or registered mail addressed to the provider's last known
address;
(2) Provide a statement of
the reasons for the removal from the department's listing in the notice and
inform the exempt center-based provider of the right to petition the department
to reconsider the determination within ten working days after mailing of the
notice;
(3) Give the exempt
center-based provider reasonable notice upon receiving a written petition;
and
(4) Provide an opportunity for
a prompt administrative appeal before a hearing officer with respect to the
order of removal from the department's listing. On the basis of the evidence
adduced at the hearing, the hearing officer shall make the final decision of
the department as to whether the order of removal shall be affirmed or
reversed.
(g) Filing of a
request for an administrative appeal does not permit the applicant or listed
provider to continue to be on the department's listing of exempt center-based
providers authorized to care for a child whose family is authorized to receive
child care payments under chapters 17-798.3 and 17-799.
(h) An applicant who was removed from the
listing pursuant to this section, shall be unable to apply to be on the
department's listing for:
(1) A ninety-day
period from the date that the exempt center-based provider was removed from the
department's listing if the removal was their first offense; and
(2) One year from the date that the exempt
center-based provider was removed from the department's listing if the removal
was their second offense.
(i) Child care payments to the family shall
not continue during the exempt center-based provider's appeal process. The
family may select another authorized provider in accordance with chapters
17-798.3 or 17-799
