Current through Register Vol. 48, No. 38, September 20, 2024
a) Notice
of Decision to Deny Licensure Based Upon Background History
1) When an application for licensure is
denied due to criminal background history or identification as an indicated
perpetrator of abuse/neglect, the supervising agency shall send notice to the
applicants for licensure of the denial, including the reason for denial. The
initial notice of denial shall provide the applicant the opportunity to request
a review of the decision by Central Office of Licensing Review Committee. When
there is a request for a review of the decision, the Central Office shall send
a notice of decision that the request was granted or denied. When the request
for review of the decision is denied, the notice shall provide an opportunity
for the applicant to appeal the decision to the DCFS Administrative Hearings
Unit for its review and determination.
2) When there is no request for a review of
the decision by the Central Office of Licensing Review Committee, the assigned
licensing unit shall send a second and final notice of denial, which provides
an opportunity for the applicant to appeal to the Administrative Hearings Unit
for review and determination.
b) What May Be Appealed Under This Part
A license applicant may appeal:
1) the denial of an initial license based
upon a background check conducted in accordance with this Part; or
2) the denial of a permit based upon a
background check conducted in accordance with this Part.
c) What May Not Be Appealed Under This Part
The DCFS Chief Administrative Law Judge will decide whether an issue is
appropriate for a fair hearing under subsection (b). Issues inappropriate for a
fair hearing under this Part include, but are not limited to:
1) a decision based upon a background check
conducted pursuant to this Part that revealed that the license applicant has a
criminal conviction that bars licensure or employment or residence in a
licensed child care facility pursuant to Section 4(a) and (b) of the Child Care
Act, unless the licensing applicant can establish that an exception, as
provided in Section 4(b)(2) of the Act, may exist (see Appendix A);
or
2) a decision based upon a
background check conducted pursuant to this Part that revealed that the license
applicant has a criminal conviction that bars licensure of or residence in a
foster family home pursuant to Section 4(c) of the Child Care Act, unless the
licensing applicant can establish that an exception, as provided in Section
4(d) of the Act, may exist.
d) Appeal Request
1) An individual requesting an opportunity
for an appeal pursuant to subsection (b) shall submit the request, in writing,
to the:
Administrative Hearings Unit
Department of Children
and Family Services
406 E. Monroe St., Station #15
Springfield, Illinois 62701
2) All such requests must be postmarked
within 10 days after the date of written notice of the denial of an application
for license or permit.
e)
Review of File
1) After the Administrative
Hearings Unit has received the individual's request for an appeal, the
Administrator of the Unit shall notify the Department that the individual has
filed an appeal and the Department will send to the Administrator a copy of the
notice of denial of the application for a license or permit. The notice of
denial shall be prima facie evidence that the Department had a basis for
refusing to issue the license or permit.
2) The Administrator shall ask both the
Department and the individual to submit any documents, records, statements, or
other materials pertinent to the Department's denial of the application for
licensure to create an appeal file. The Administrator shall further advise the
Department and the individual of the intent to examine the appeal file,
including all materials submitted for the appeal file, to determine whether a
genuine issue of material fact exists. Within 10 business days after the date
of the Administrator's request for materials, both the Department
representative and the individual shall submit to the Administrative Hearings
Unit any and all documents, records, statements, materials, or evidence to
establish that the Department's decision to deny the license because of the
background check was either correct or incorrect.
3) At least 10 business days after the
Administrator's request for materials, the Administrator shall examine the
entire appeal file, including all materials submitted by both parties, and
shall determine if a genuine issue of material fact exists.
4) If the Administrator determines that no
genuine issue of material fact exists, the Administrator shall dismiss the
appeal. The letter dismissing the appeal shall be the final administrative
decision of the Department.
f) The Appeal Process
The individual
shall be notified, in writing, of the date, time and location of the appeal
hearing. The individual may be represented by counsel and may present evidence
and/or witnesses. The individual shall be required to produce evidence that the
person identified in the background report is not the individual in question or
that the background check report is inaccurate. If the issue is delinquency in
the payment of child support, the individual shall provide evidence that the
child support has been paid in full or that a payment schedule has been
arranged with the Department of Healthcare and Family Services (Title IV-D
cases) or a court of jurisdiction (all other child support cases). Evidence to
be considered shall be limited to:
1)
When the appeal involves an indicated CANTS/SACWIS report, written statements
from the administrator of the child protection division for the Department that
the individual named in the report is not the individual in question or that
the record has been expunged or amended; or
2) When the appeal involves a criminal
history record, evidence shall be limited to written statements from a law
enforcement agency or clerk of the court: that the subject of the criminal
history record provided to the Department is not the individual in question,
was never convicted of the crimes as alleged in the criminal history record, or
was granted a full pardon by the Governor indicating that the person did not
commit the crime; the crime was amended or expunged; or the information in the
criminal history record concerning the existence of the conviction was
erroneous; or
3) When the appeal
involves delinquent child support, written statements from the Department of
Healthcare and Family Services or the clerk of the court, as applicable, that
child support has been paid in full or a payment schedule arranged or that the
payment record was incorrect.
g) Final Administrative Decision
The
administrative law judge conducting the appeal must conclude that, when all the
evidence presented pursuant to this Part and the applicable licensing standards
are considered, there is clear and convincing evidence that the individual is
not the person named in the indicated report/criminal history record or that
the individual is suitable for service that allows access to children. If the
appeal is addressing the issue of delinquent child support, the individual must
submit proof that the record was in error or that he or she has paid the
delinquency or made arrangements for payment of delinquent child support. The
final administrative decision is made by the Director and, subject to review by
a court of competent jurisdiction.
h) Record of Appeal
A written record
shall be made of any reviews conducted pursuant to this Section, and that
record shall contain copies of all documents relied upon in making the
determination of fitness or unfitness for licensure.