for DayCare Centers
Sanctions; Notification of Compliance; Hearing
A. On written notice to the certificate holder, if the director reasonably
believes that a home is in violation of this article or a rule adopted pursuant
to this article and that the health or safety of the children is endangered,
he may impose one or more of the following sanctions until the home is in compliance:
B. A facility sanctioned pursuant to this section shall notify the department
in writing when it is in compliance. On receipt of notification the department
shall conduct an inspection. If the department determines that the facility is
in compliance the director shall immediately rescind the sanctions. If the department
determines that the facility is not in compliance the sanctions remain in effect.
The facility may then notify the department of compliance not sooner than fourteen
days from the date of that inspection. If the department determines on the return
inspection that the facility is still not in compliance the sanctions remain in
effect. Thereafter, a facility may notify the department of compliance not sooner
than thirty days from the date of the last inspection. A facility shall make all
notifications of compliance by certified mail. The department shall conduct all
inspections required pursuant to this subsection within fourteen days of receipt
of notification of compliance. If the department does not conduct an inspection
within this time period, the sanctions have no further force or effect.
- An immediate restriction on admissions to the home.
- A termination of specific services that the home may offer.
- A reduction of the home's capacity.
C. On written request by a person who has been sanctioned pursuant to this
section the director or his designee shall conduct a hearing to review the sanctions.
A request for a hearing shall be made by certified mail within fifteen days
of receipt of notice of the sanctions. The department shall not enforce the
sanction until the time period for requesting an appeal has passed or the department
has issued a decision on the appeal.
D. A hearing conducted pursuant to this section shall comply with the requirements
of title 41, chapter 6, article 10.