Current through February, 2024
(a) The conditions for denial, suspension, or
revocation of a license and the action taken by the department shall be as
follows:
(1) The department shall deny,
suspend, or revoke a regular or provisional license if an applicant or licensee
does not comply with the rules of the department respecting child care
facilities;
(2) An applicant or
licensee whose license is about to be denied, suspended, or revoked shall be
given written notice by certified or registered mail addressed to the location
shown on the license application;
(3) The notice shall contain a statement of
the reasons for the proposed action and shall inform the applicant or licensee
of the right to appeal the decision to the director of the department in
writing, within ten working days after the mailing of the notice of the
proposed action;
(4) Upon receiving
a timely written appeal the director of the department shall give 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 license shall be
denied, suspended, or revoked; and
(5) If no timely written appeal is made,
processing of the application shall end or the license shall be suspended or
revoked as of the termination of the ten day period.
(b) The immediate suspension of the license
shall be ordered if 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, unsafe facility conditions that cannot be
immediately abated, or refusal to terminate an employee as specified in section
17-892.1-3. The department shall take the following actions:
(1) Provide the licensee written notice of
the order by personal service or by certified or registered mail addressed to
the location shown on the license;
(2) Provide a statement of the reasons for
the suspension in the notice and inform the licensee of the right to petition
the department to reconsider the order within ten working days after mailing of
the notice; and
(3) Declare that
all operations shall cease as of the date of receipt of the notice, give the
licensee reasonable notice upon receiving a written petition, and provide an
opportunity for a prompt hearing before a hearing officer with respect to the
order of suspension of the license. 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.
(c) At any hearing provided for by
this section, the applicant or licensee may be represented by counsel and shall
have 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 license, or otherwise.
(d) Filing of a request for fair hearing does
not permit the applicant to continue to care for children under this
chapter.
(e) If an applicant has
their regular or provisional license revoked, they shall be unable to apply for
another license for:
(1) A ninety-day period
from the date that the license was revoked if the revocation was their first
offense; and
(2) Up to six months
from the date that the license was revoked if the revocation was their second
offense.
