(1)  If the Department finds that the circumstances existing 


at the child welfare agency imperatively require emergency 


action due to their effect on the health, safety, or welfare of 


the children in care, it may summarily suspend the agency's 


license.  


 


(2)  The Department shall give written notice and an order 


to the agency of such suspension which notice and order 


may be personally delivered to the licensee or any person(s) 


at the agency supervising or reasonably believed to 


supervise the agency's operations at the time of delivery, 


and such personally delivered notice and order shall be 


effective at the time of delivery to the licensee or the other 


person(s) described in this paragraph. 


 


(3)  The notice and order shall also be sent to the licensee or 


person(s) at the agency supervising or reasonably believed 


to supervise the agency's operations by certified mail, return 


receipt requested. 


 


(4)  (a)  Any notice and order shall give the factual basis for 


the suspension and shall cite to specific licensing rules or 


laws violated and shall state what must be done by the 


agency to effect compliance, when compliance must be 


effected, and state that failure to effect compliance may 


result in revocation or denial of the agency's license. 





        (B)  1.  The notice shall also inform the agency of 


the date, time, and location of an informal hearing to show 


cause why the suspension of the agency's license should not 


be continued. 





                2.  Such hearing shall be held within five 


days, excluding Saturdays, Sundays, or holidays of the date 


of the notice unless extended with the written consent of the 


agency or the person reasonably believed to supervise the 


agency's operations. 





                3.  The hearing shall be conducted by a 


designee of the Commissioner who shall not have been 


involved in the decision to suspend the license. 





                4.  The hearing shall be informal in nature 


and shall offer the agency and the Department's licensing 


staff the opportunity to present evidence and argument in an 


informal manner as to whether the entry and continuance of 


the summary suspension order is appropriate. 





                5.  Upon conclusion of the hearing, the 


person designated to conduct the hearing shall immediately 


issue a ruling which lifts, continues, or modifies the 


suspension order.  Such ruling shall be reduced to writing, 


shall become a part of the agency's record and shall become 


a part of the record before the Board of Review upon 


appeal. 





        (C)  No period of compliance following a 


suspension shall exceed 30 days without lifting the 


suspension or without imposition of a revocation or denial 


of a license except with written consent of the 


applicant/licensee. 





        (D)  If compliance is not effected within 30 days of 


the suspension or unless the suspension is lifted, and unless 


the applicant/licensee has consented to an extension in 


writing, the Department of Human Services shall revoke or 


deny the child welfare agency's license and the agency may 


then appeal such action to the Board of Review as set forth 


herein.  If less than 90 days remains before the expiration of 


the license at the time of the suspension, and compliance has 


not been effected as required by the Department, the 


Department may revoke the license as provided herein upon 


90-days notice and all provisions of the rules relating to 


revocation of licenses shall apply. 


 


(5)  Upon receipt of the notice and order of summary 


suspension, the child welfare agency must immediately 


cease operations at the date and time stated in the notice and 


order.