Hawaii Administrative Rules
Title 17 - DEPARTMENT OF HUMAN SERVICES
Department of Human Services
Chapter 801 - BACKGROUND CHECKS
Section 17-801-6 - Notification to the person, child care facility, and exempt child care facility
Universal Citation: HI Admin Rules 17-801-6
Current through November, 2024
(a) The department shall provide written notice to a person determined by the department to be not suitable under paragraph 8 or excluded from the premises pursuant to paragraph 8(e). The written notification shall state the reason for the department's determination.
(b) The department shall request in writing that a provider terminate employment or residence of any person not suitable pursuant to this chapter.
(1) The request shall be in writing and shall
state the reason for the department's determination that the person is not
suitable to provide child care;
(2)
When an applicant, registrant, licensee, or provider does not terminate
employment or residence as requested by the department, the applicant,
registrant, licensee, or provider shall notify the department in writing no
later than seven working days after receipt of the request and shall state the
reasons for the decision; and
(3) A
license, registration, application, or listing may be denied, suspended, or
revoked if the person's employment or residence is not terminated.
(c) In instances described in section 17-801-5(e), the department shall request in writing that a provider exclude the person from the premises until the department has completed a determination whether the person is suitable to provide care pursuant to this chapter.
(1) The request shall be in writing
and shall state the reason for the person's exclusion from the
premises;
(2) When an applicant,
registrant, licensee, or provider does not exclude the person from the premises
as requested by the department, the applicant, registrant, licensee, or
provider shall notify the department in writing within seven working days after
receipt of the request and shall state the reasons for the decision;
and
(3) A license, registration,
application, or listing may be denied, suspended, or revoked if the person is
not excluded from the premises.
(d) A person who is determined not suitable to provide care under this chapter may contest the results of background checks as follows:
(1) The person requests an
informal review by the department for the limited purpose of contesting the
accuracy or completeness of the information contained in the person's records
that formed the basis for the decision:
(A)
The person shall provide a written statement to the department specifying the
information and the reason why the person believes the background check
information is inaccurate or incomplete;
(B) The department shall attempt to verify
the accuracy of the information challenged by the person, including making an
effort to locate any missing disposition information related to the
disqualifying record:
(i) If the department
locates any missing or corrected information, the department shall review the
new or corrected information and issue a written notice to the person with the
suitability determination by the department; or
(ii) If the department cannot locate any
missing or corrected information, the department shall issue a written notice
that indicates the department's efforts to verify the accuracy of the
information challenged, and refer the person to the agency or program that
produced or maintains the record the person believes to be inaccurate or
incomplete, so that the person can have the record corrected or completed;
and
(C) After the person
has successfully had the records corrected or completed by the agency or
program that produced or maintains the record, the person may request for
another background check to be completed by the department in accordance with
this chapter.
(2) The
person shall have the right to obtain a copy of the person's criminal history
records that were obtained through a fingerprint-based check under this
section, according to Title 28 CFR Part 16, and for other records, the
department, upon request, shall provide information to the person on how to
obtain further information of the person's reports.
(3) The person may file a written request for
an administrative appeal to appeal the decision by the department;
(A) In accordance with the provisions set
forth in chapters 17-891.2, 17-892.2, 17-895.1, 17-896.1, for applicants,
licensees, or registrants; or
(B)
In accordance with the provisions set forth in chapter 17-602.1, for all other
persons not specified in subparagraph (A); provided that the filing of a
request for an administrative appeal does not permit the person to continue to
provide child care for children under this chapter, pending the decision of the
administrative appeal hearing officer."
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