(a) The conditions for denial, suspension, or
revocation of a license and the action to be taken by the department shall be
as follows:
(1) The department shall deny,
suspend, or revoke a regular license or a provisional license if:
(A) An applicant or licensee does not comply
with the applicable statutes and rules of the department respecting 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) An
applicant or licensee whose license is 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 license 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, the 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 licensee written notice of
the order by personal service, 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.
(d) 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.
(e) Filing of a request
for an administrative appeal does not permit the applicant or licensee to
continue to care for children under this chapter.
(f) If an applicant or licensee 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) One year from the
date that the license was revoked if the revocation was their second
offense.
