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

 

 

 

TO BE RESCINDED

 

5101:2-12-09               Actions of the director: licensing, refusal to license, renewal of license, or revocation of license.

 

 

 

(A)   Hearing rights: those licensing actions of the director which shall afford the right to a prior adjudicatory hearing pursuant to the requirements of Chapter 119. of the Revised Code are:

 

(1)  The proposal of the director to deny initial or renewal licensure.

 

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

 

(3)   The finding of jurisdiction pursuant to rule 5101:2-12-01 of the Administrative Code.

 

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

 

(5)   The proposal of the director to deny regular licensure at the expiration of the center's provisional license.

 

(B)   Application denial; license revocation: an application for a child care license may be revoked for any of the following reasons:

 

(1)   A center has failed to comply with any applicable requirement of Chapter 5104. of the Revised Code or 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 set out in rule 5101:2-12-26 of the Administrative Code.

 

(3)   A center is found to have furnished or made misleading or false statements or reports to the department.

 

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

 

(5)   A center has refused to admit the director's representative onto its premises.

 

 

 

 

(C)    Those licensing actions of the director which are of a ministerial nature shall not afford the right to an administrative hearing including rejection by the director of any application for licensure for procedural reasons such as, but not limited to, improper fee payment, incomplete submission, use of invalid form, as specified by rules 5101:2-12-04, 5101:2-12-05, and 5101:2-12-06 of the Administrative Code.

(D)   The surrender of a center license to the director or the withdrawal of an application for licensure by the owner or administrator of the center shall not prohibit the director from instituting any of the actions set forth in this rule.

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

Replaces:                                                     5101:2-12-09

Effective:                                                    09/01/2007

R.C. 119.032 review dates:                         03/30/2007

CERTIFIED ELECTRONICALLY
Certification
07/23/2007
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