Section 17-891.2-5 - Denial, suspension, revocation of certificate of registration, and hearings(a) The conditions for denial, suspension, or revocation of a certificate of registration and the action to be taken by the department are as follows: (1) The department shall deny, suspend, or revoke a regular or provisional certificate of registration if: (A) An applicant or registrant does not comply with the applicable statutes and rules of the department regarding child care facilities; or(B) The child care facility or any employee of the facility knowingly makes a false statement to any person concerning the child care facility's liability insurance coverage.(2) The department shall suspend the registration if the violation of the minimum requirement is the first violation of the provider and does not warrant revocation.(3) The department shall revoke the registration if the provider has violated any minimum requirement to such an extent or of a nature that the provider is unfit to be trusted with the care of children, or if the provider's registration has been suspended at least once previously.(4) An applicant or registrant whose certificate of registration is denied, suspended, or revoked shall be given written notice by certified or registered mail addressed to the location shown on the certificate of registration or application.(5) The notice shall contain a statement of the reasons for the proposed action and shall inform the applicant or registrant of the right to appeal the decision to the director of the department in accordance with Hawaii Revised Statutes, chapter 91, not later than ten working days after the mailing of the notice of the proposed action.(6) Upon receiving a timely written appeal, the director of the department shall give written 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 certificate of registration shall be denied, suspended, or revoked; and(7) If no timely written appeal is made, processing of the application shall end or the certificate of registration shall be suspended or revoked as of the termination of the ten-day period.(b) The certificate of registration shall be immediately suspended when: (1) 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, or unsafe facility conditions that cannot be immediately abated;(2) The department received a report of allegations which identify risks to the health, safety, or well-being of the children in care. These risks include: the existence of a health hazard on the premises, or unsafe facility conditions that cannot be immediately abated;(3) The provider refuses to terminate a staff member as specified in chapter 17-801; or(4) The provider refuses to exclude from the premises, a person who is the subject of an on-going or pending investigation in accordance with chapter 17-801.(c) Upon immediate suspension pursuant to (b), the department shall take the following actions: (1) Provide the registrant written notice of the order by personal service, or by certified, or registered mail addressed to the location shown on the certificate of registration;(2) Provide a statement of the reasons for the suspension in the notice and inform the registrant of the right to petition the department to reconsider the order not later than ten working days after mailing of the notice;(3) Declare that all operations shall cease as of the date of receipt of the notice, and provide an opportunity for a prompt hearing before a hearing officer with respect to the order of suspension of the certificate of registration. 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; and(4) Notify the parent or legal guardian of each child who is provided care in the family child care home of the suspension or revocation.(d) At any hearing provided for by this section, the applicant or registrant may be represented by counsel and has 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 certificate of registration, or otherwise.(e) Filing of a request for an administrative appeal does not permit the applicant or registrant to continue to care for children under this chapter.(f) If an applicant or registrant has their regular or provisional certificate of registration revoked, they shall be unable to apply for another certificate of registration for: (1) A ninety-day period from the date that the certificate of registration was revoked if the revocation was their first offense; and(2) One year from the date that the certificate of registration was revoked if the revocation was their second offense.Haw. Code R. § 17-891.2-5
[Eff 9/22/2023] (Auth: HRS §346-172) (Imp: HRS §§146-154, 346-175; 42 U.S.C. §§ 2002, 2005, 9833)