Haw. Code R. § 17-896-4 - 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 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.

Notes

Haw. Code R. § 17-896-4

[Eff 2/9/89; am and comp DEC 19 2002] (Auth: HRS § 346-162) (Imp: HRS § 346-164; 42 U.S.C. §§2002, 2005, 9833)