Current through August, 2024
(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 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 reason (s) 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/ no later than 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
17-896-3. 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 reason (s) for
the suspension in the notice and inform the licensee of the right to petition
the department to reconsider the order no later than 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.
