Licensing Standards for DayCare Centers

Section 17-895-4
Denial, suspension, revocation of license, and hearings

  

        (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    

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, 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.    

 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 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. 

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