13 CSR 35-71.030 - Hearings and Judicial Review
PURPOSE: This amendment is necessary to update the regulation to reflect current practice and to implement the requirements of HB 557 (2021).
(1) License
Denial or License Revocation.
(A) The division
may refuse to issue a license to an applicant, or may deny or revoke the
license of a licensee, who-
1. Fails
consistently to comply with the applicable provisions of sections
210.481-210.536, and 210.1250-210.1286, RSMo, and the applicable corresponding
rules;
2. Violates any of the
provisions of its license;
3.
Violates federal or state laws or rules relating to the protection of
children;
4. Abuses or neglects
children, or is the subject of multiple or serious reports of child abuse or
neglect which upon investigation results in a substantiated finding of child
abuse or neglect; or is found guilty, pleads guilty, or pleads no contest to
any crime which would render an individual ineligible for employment or
presence at the Licensed Residential Care Facility (LRCF) pursuant to section
210.493, RSMo;
5. Employs persons who the division has found
ineligible for employment or presence at the LRCF pursuant to section
210.493, RSMo, and
13 CSR
35-71.015, or who abuses or neglects
children;
6. Furnishes or makes any
misleading or false statements or reports to the division ;
7. Refuses to submit any reports or refuses
to make available to the division any records required in making an
investigation;
8. Fails or refuses
to submit to an investigation by an authorized and identified representative of
the division at any reasonable time;
9. Fails to provide, maintain, equip, and
keep in safe and sanitary condition the premises established or used for the
care of children as required by law, rule, or ordinance applicable to the
location of a facility;
10. Fails
to provide adequate financial resources for the satisfactory care of children
being served, or the upkeep of the premises, or both;
11. Fails to satisfactorily comply with all
fire, safety, health, and sanitation inspections as may be required by state
law or local ordinance and required under section
210.252, RSMo; or
12. Is a health or safety concern for the
children at the LRCF.
(B)
The division shall provide written notice of denial or revocation of licensure
to the agency, which shall include the reason(s) for the denial or revocation.
Upon receipt of the notice of denial or revocation, the agency shall cease
operation within ten (10) business days unless stayed by an appropriate
administrative or judicial order, or a request for an administrative hearing is
made before the expiration of the ten (10) business days from the date of the
notice.
(C) The agency may appeal
the decision of the division to deny or revoke the license by filing a request
for appeal with the division within ten (10) days after receipt of the notice
of denial or revocation.
(D) Any
person aggrieved by a decision of the division to deny or revoke a license
shall be entitled to a hearing on administrative review under section (5) of
this rule.
(E) An agency may not
reapply for licensure within one (1) year from the date of denial or
revocation.
(2) License
Suspension .
(A) The division shall have the
authority to suspend the license of an agency when-
1. The division determines that the
suspension of the license is necessary to protect the health, safety, and
welfare of children who are or may be placed at the operating site ;
and
2. The division determines that
noncompliance with one (1) or more of the criteria set out in sections 210.496
and 210.1250- 210.1286, RSMo, and/or subsection (1)(A) of this rule may exist;
and
3. The division has reasonable
cause to believe that the agency will be able to develop and effectively
implement a corrective action plan to resolve the concerns which gave rise to
the suspension of the license.
(B) The agency shall cease operations within
ten (10) business days of the date the division issues an order suspending the
license of the agency unless-
1. The agency
files a written request for administrative review within ten (10) business days
of the date of the order; or
2. The
order is stayed by an appropriate administrative or judicial order.
(C) The order for suspension of
the license shall be in writing. The order shall include:
1. The factual and legal basis for the order;
and
2. Notification of the right of
the agency to administrative review. The division may extend the order if there
has been no substantial change in the circumstances since the entry of the
original order or if there are new grounds for extension of the
order.
(D) The division
may reinstate a suspended license on its own motion or upon written application
by the agency. The division may reinstate that license if the division
determines that-
1. The agency has developed
and successfully implemented a corrective action plan approved by the division
to remedy the concerns which resulted in the license suspension ; and
2. The agency meets all of the criteria for
licensing; and
3. The division
determines that suspension of the license is no longer necessary to protect the
health, safety, and welfare of the children involved.
(3) Suspension of
Intake.
(A) The division shall have the
authority to suspend the authorization of the agency to admit additional
children into placement during time periods proscribed by the division when the
division determines that the agency is not in compliance with the requirements
of sections 210.493, 210.496, and 210.1250-210.1286, RSMo, and/or subsection
(1)(A) of this rule and-
1. The addition of
additional children to the agency is not in the best interests of the children
already placed within the agency or who may be placed with the agency;
and
2. Allowing the placement of
additional children with the agency may pose a risk to the health, safety, and
welfare of children already placed with the agency or who may be placed with
the agency.
(B) The order
for suspension of intake shall be in writing. The order shall include-
1. The factual and legal basis for the order;
and
2. Notification of the right of
the agency to administrative review. The division may extend the order if there
has been no substantial change in the circumstances since the entry of the
original order or if there are new grounds for extension of the order. A
suspension of intake shall proscribe the number of additional children which
the agency is authorized to accept for placement, if any, but it shall not
include a requirement that children currently placed with the agency shall be
removed.
(C) If the
division finds that suspension of intake prior to the opportunity for a hearing
on administrative review is necessary to protect the health, safety, and
welfare of children then the division has the option to make the order to
suspend intake effective immediately upon delivery to the agency; otherwise the
order shall be effective ten (10) business days from the date of the entry of
the order unless-
1. The agency files a
written request for administrative review within ten (10) business days of the
date of the order; or
2. The order
is stayed by an appropriate administrative or judicial order.
(D) If the division issues an
order to immediately suspend intake the division shall schedule an informal
meeting to review the decision with the agency as soon as practicable. The
meeting shall take place before the director or his/her designee. The division
shall notify the agency of the date and time for the meeting. The meeting may
be continued at the request of the agency, but the order shall remain in effect
pending the meeting. The meeting shall be informal, the rules of evidence shall
not apply, and both the agency and the division may submit any information
relevant to the issues in the case. The purpose of the meeting will be-
1. For the division to determine whether
there is probable cause to find that a suspension of intake is necessary to
protect the best interests of the children placed with the agency or who may be
placed with the agency pending a fair hearing on administrative review pursuant
to section (4), below; and
2. To
afford the agency an opportunity to informally provide information relevant to
the division 's decision and to request relief from the entry of the
order.
(E) If the
division finds after the meeting that there is probable cause to continue the
suspension of intake pending hearing on administrative review the division
shall expedite the hearing on administrative review; otherwise the suspension
of intake shall be stayed pending hearing on administrative review.
(F) The division may rescind the order
suspending intake on its own motion or upon written application by the agency.
The division may reinstate the intake if the division determines that-
1. The agency has developed and successfully
implemented a corrective action plan approved by the division to remedy the
concerns which resulted in the suspension of intake; and
2. The agency meets all of the criteria for
licensing; and
3. The division
determines that the suspension of intake is no longer necessary to protect the
health, safety, and welfare of the children.
(4) Emergency Order Against an Existing
License.
(A) The division may issue an order
immediately suspending a license prior to a hearing on administrative review
when the division finds that there is probable cause to believe that-
1. There is an imminent risk of immediate and
significant harm to the health, safety, or welfare of children who are placed
or who may be placed with the agency; and
2. The risk is such that the health, safety,
or welfare of the children may be at risk if the division 's emergency action
does not become effective before the agency is afforded an opportunity for a
hearing.
(B) The
division 's findings under this section must be made in writing and set out in
the order. The order shall notify the agency of its right to request
administrative review and of its right to an informal meeting.
(C) If the division issues an emergency order
against a license under this section the division shall schedule an informal
meeting to review the decision with the agency as soon as practicable. The
meeting shall take place before the director or his/her designee. The division
shall notify the agency of the date and time for the meeting. The meeting may
be continued at the request of the agency, but the order shall remain in effect
pending the meeting. The meeting shall be informal, the rules of evidence shall
not apply, and both the agency and the division may submit any information
relevant to the issues in the case. The purpose of the meeting will be-
1. For the division to determine whether
there is probable cause to find that an emergency exists which requires
continuation of the division 's action pending a hearing on administrative
review pursuant to section (5) below; and
2. To afford the agency an opportunity to
informally provide information relevant to the division 's decision and to
request relief from the entry of the order.
(D) If the division finds after the meeting
that there is probable cause for the emergency action and continues the
suspension in effect the division shall refer the matter for a hearing on
administrative review; otherwise the suspension of the license shall be stayed
pending hearing on administrative review.
(5) Hearing on Administrative Review.
(A) The agency which is aggrieved by the
decision of the division , (including, but not limited to, a decision to deny a
variance , to suspend intake, suspend a license, deny a license application, or
revoke an existing license) shall have the right to a hearing on administrative
review of the division 's decision.
(B) The division shall provide written notice
to the agency of its adverse action against the license of an agency. The
notice shall-
1. Inform the agency of the
nature of the decision;
2. State
the factual and legal basis for the division 's action;
3. State the effective date of the action, if
applicable; and
4. Notify the
agency of its right to seek administrative review.
(C) To request a hearing the agency shall
submit a written request for administrative review within ten (10) business
days of the decision of the division . The request for administrative review
shall set forth the basis of the agency's objection to the division 's
decision.
(D) Unless otherwise
provided in this rule, the division 's action shall be stayed pending the entry
of an order after hearing on administrative review if the agency request
administrative review of the division 's decision within ten (10) business days
of the date of the notice of the division 's action.
(E) If the agency requests a hearing the
division shall hold an administrative hearing. The hearing shall be held by the
director or the director 's designee.
(F) Upon receipt of the final decision of the
division , the agency can decide to accept the final decision or file petition
for judicial review pursuant to sections
210.526 and
536.100 through
536.140,
RSMo.
Notes
*Original authority: 210.506, RSMo 1982, amended 1993, 1995.
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.