(a) The conditions
for denial, suspension, or revocation of a certificate of registration and the
action to be taken by the department are as follows:
(1) The department shall deny, suspend, or
revoke a regular or provisional certificate of registration if:
(A) An applicant or registrant does not
comply with the applicable statutes and rules of the department regarding child
care facilities; or
(B) The child
care facility or any employee of the facility knowingly makes a false statement
to any person concerning the child care facility's liability insurance
coverage.
(2) The
department shall suspend the registration if the violation of the minimum
requirement is the first violation of the provider and does not warrant
revocation.
(3) The department
shall revoke the registration if the provider has violated any minimum
requirement to such an extent or of a nature that the provider is unfit to be
trusted with the care of children, or if the provider's registration has been
suspended at least once previously.
(4) An applicant or registrant whose
certificate of registration is denied, suspended, or revoked shall be given
written notice by certified or registered mail addressed to the location shown
on the certificate of registration or application.
(5) The notice shall contain a statement of
the reasons for the proposed action and shall inform the applicant or
registrant of the right to appeal the decision to the director of the
department in accordance with Hawaii Revised Statutes, chapter
91, not later than ten working days after the
mailing of the notice of the proposed action.
(6) Upon receiving a timely written appeal,
the director of the department shall give written notice of and an opportunity
for a 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 or certificate of registration shall
be denied, suspended, or revoked; and
(7) If no timely written appeal is made,
processing of the application shall end or the certificate of registration
shall be suspended or revoked as of the termination of the ten-day
period.
(b) The
certificate of registration shall be immediately suspended when:
(1) Conditions exist which constitute an
imminent danger to the health, welfare, or safety of the children. These risks
include: the existence of a health hazard on the premises, or unsafe facility
conditions that cannot be immediately abated;
(2) The department received a report of
allegations which identify risks to the health, safety, or well-being of the
children in care. These risks include: the existence of a health hazard on the
premises, or unsafe facility conditions that cannot be immediately
abated;
(3) The provider refuses to
terminate a staff member as specified in chapter
17-801; or
(4) The provider refuses to exclude from the
premises, a person who is the subject of an on-going or pending investigation
in accordance with chapter
17-801.
(c) Upon immediate suspension pursuant to
(b), the department shall take the following actions:
(1) Provide the registrant written notice of
the order by personal service, or by certified, or registered mail addressed to
the location shown on the certificate of registration;
(2) Provide a statement of the reasons for
the suspension in the notice and inform the registrant of the right to petition
the department to reconsider the order not later than ten working days after
mailing of the notice;
(3) Declare
that all operations shall cease as of the date of receipt of the notice, and
provide an opportunity for a prompt hearing before a hearing officer with
respect to the order of suspension of the certificate of registration. 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 suspension
shall be affirmed or reversed; and
(4) Notify the parent or legal guardian of
each child who is provided care in the family child care home of the suspension
or revocation.
(d) At any
hearing provided for by this section, the applicant or registrant may be
represented by counsel and has the right to call, examine, and cross-examine
witnesses. Evidence may be received even though inadmissible under rules of
evidence applicable under court procedures. Hearing officer decisions shall be
in writing, shall contain findings of fact and rulings of law, and shall be
mailed to the parties to the proceedings by certified or registered mail to the
last known addresses as may be shown in the application, on the certificate of
registration, or otherwise.
(e)
Filing of a request for an administrative appeal does not permit the applicant
or registrant to continue to care for children under this chapter.
(f) If an applicant or registrant has their
regular or provisional certificate of registration revoked, they shall be
unable to apply for another certificate of registration for:
(1) A ninety-day period from the date that
the certificate of registration was revoked if the revocation was their first
offense; and
(2) One year from the
date that the certificate of registration was revoked if the revocation was
their second offense.
