5101:2-12-09 Denial or revocation of a child care center application or license.

 

 

 

5101:2-12-09               Denial or revocation of a child care center license.

 

 

 

(A)An application for a child care center license may be denied or revoked for any of the following reasons:

 

(1)A center has failed to comply with the requirements of Chapter 5104. of the Revised Code and Chapter 5101:2-12 of the Administrative Code.

 

(2)The owner or administrator has pleaded guilty to or been convicted of an offense described in section 5104.09 of the Revised Code and has not met the standards of rehabilitation in rule 5101:2-12-26 of the Administrative Code.

 

(3)A center has furnished or made misleading or false statements or reports to the department in violation of section 2921.13 of the Revised Code.

 

(4)A center refuses or fails to submit reports requested by the department within required time frames.

 

(5) A center has refused to allow the department access onto its premises.

 

(B)Licensing actions of the department which afford the right to a prior adjudicatory hearing in accordance with the requirements of Chapter 119. of the Revised Code are:

 

(1)The proposal of the department to deny an initial or a renewal of a child care center license.

 

(2)The proposal of the department to revoke an existing child care center license, either provisional or regular.

 

(3)The  finding  of  jurisdiction  in  accordance  with  rule  5101:2-12-01  of  the Administrative Code.

 

(4)The issuance of a child care center license by the department with authorization for license capacity which does not agree with the authorization sought by the center.

 

(5)The proposal of the department to deny a regular child care center license at the expiration of the center's provisional license.

 

(C)Licensing actions of the department which are of a ministerial nature are not subject to the right to an administrative hearing. This includes, rejection by the department of any application for a license for procedural reasons such as, but not limited to, improper fee payment, incomplete submission of required materials or use of invalid forms.

 

(D)The surrender of a child care center license to the department or the withdrawal of an application for a child care center license by the owner or administrator of the

 

 

center shall not prohibit the department from instituting any of the requirements of this rule.

(E) When the department revokes a child care center license or refuses to renew a license, the department shall not issue a license to the owner of the center within two years from the date of the revocation of the license or the date of the refusal to renew the license.

Replaces:                                                     5101:2-12-09

Effective:                                                    09/01/2007

R.C. 119.032 review dates:                         09/01/2012

CERTIFIED ELECTRONICALLY
Certification
06/18/2007
Date
Promulgated Under:	119.03
Statutory Authority:	5104.011, 5104.03, 5104.04
Rule Amplifies: Prior Effective Dates:	5104.011, 5104.03, 5104.04 3/1/81, 9/1/86, 1/2/92 (Emer.), 4/1/92, 4/1/03