14 Del. Admin. Code § 936-I-12.0

Current through Reigster Vol. 28, No. 6, December 1, 2024

Section 936-I-12.0 - Enforcement Actions

12.1 To maintain licensure, a licensee shall follow these regulations and applicable federal, State, and local laws and regulations. Failure to do so will result in a corrective action plan and possibly an enforcement action.

12.1.1 An enforcement action, such as warning of probation, probation, suspension, revocation, or denial of a license application, may be initiated by OCCL when a licensee fails to comply with a corrective action plan or agreement of understanding, or has been cited for serious non-compliance.

12.1.2 A licensee may appeal an enforcement action by requesting a hearing within 10 business days of notification of OCCL's decision to impose the action.

12.1.2.1 This appeal request may be written or verbal for warning of probation or probation. All other appeal requests must be provided by the applicant or licensee in writing.

12.1.2.2 A licensee may provide evidence that the facility was wrongly cited.

12.2 License Suspension

12.2.1 OCCL may immediately suspend a license if the health, safety, or well-being of children receiving services is in serious or imminent danger.

12.2.1.1 A suspension order may be verbal or written and the licensee shall stop providing services.

12.2.1.2 OCCL will hand-deliver written follow-up to a verbal suspension order by 9 AM the following business day.

12.2.1.3 A written suspension order shall state the reason or reasons for the enforcement action.

12.2.2 Within 10 business days after the issuance of the written order, the licensee must choose to close permanently, remain suspended until the licensee corrects the reason for the suspension, or remain suspended and request a hearing.

12.2.3 The hearing shall be scheduled and held within 10 business days of the licensee's request for a hearing.

12.2.3.1 The associate secretary of early childhood support will assign a hearing officer with no previous involvement in the matter.

12.2.3.2 The hearing officer may allow delays only for good cause.

12.2.3.3 After a hearing officer makes a recommendation, the Secretary determines whether to adopt the recommendation and issues a final decision.

12.2.3.4 The licensee will be notified in writing of the decision of the secretary. The decision will become final 10 business days after it is mailed or delivered to the licensee.

12.2.4 A licensee dissatisfied with the department's decision for suspension may file an appeal within 30 business days after the mailing or delivery of the decision notice.

12.2.4.1 A licensee appeals to the Delaware Superior Court in the county where the agency is located, by filing the appeal in the Office of the Prothonotary for the Superior Court.

12.2.4.2 A licensee shall supply a copy of the appeal to the department.

12.2.4.3 The licensee pays any costs for this appeal that Superior Court rules require to be paid by the filing party.

12.2.4.4 The final decision of the secretary will remain in place during the appeal process unless otherwise ordered by the court pursuant to 29 Del.C. § 10144.

12.3 Warning of Probation or Probation

12.3.1 OCCL may place an agency on warning of probation or probation when serious non-compliance is cited.

12.3.1.1 OCCL shall notify the licensee in writing of the reasons it intends to place the agency on warning of probation or probation.

12.3.1.2 This letter will describe how a licensee may appeal the decision by requesting a hearing to present information that the cited violations are not valid.

12.3.2 Within 10 business days of receiving the written notice, the licensee shall request a hearing or accept the enforcement action.

12.3.3 A hearing must be held within 30 calendar days of the hearing request.

12.3.3.1 The department will assign a hearing officer with no previous involvement in the matter.

12.3.3.2 A hearing officer may allow delays in the hearing only for good cause.

12.3.4 After a hearing officer makes a recommendation regarding probation, the associate secretary of early childhood support determines whether to adopt the recommendation and makes a final decision. After a hearing officer makes a recommendation regarding warning of probation, OCCL's administrator determines whether to adopt the recommendation and makes a final decision. OCCL shall notify the licensee in writing of the decision.

12.3.5 A licensing specialist shall conduct unannounced visits during the enforcement period to ensure compliance with these regulations is maintained.

12.3.5.1 The findings will be reported to the licensee in writing.

12.3.5.2 A licensee found to be noncompliant with the regulations will be cited and given a corrective action plan.

12.3.5.2.1 Within five business days of the citation, a licensee may request a conference with a licensing supervisor to dispute citations.

12.3.5.2.2 A licensee may provide evidence that the facility was wrongly cited.

12.3.6 Failure to comply with licensing regulations while on warning of probation or probation may result in having the enforcement action extended or heightened.

12.3.7 A licensee may not receive a new license at an additional site while on an enforcement action or when issued a notice regarding OCCL's intent to place the agency on an enforcement action.

12.4 Denial of a License Application or Revocation

12.4.1 OCCL may deny a license application or revoke a license for good cause, including but not limited to the following:

12.4.1.1 Failure to comply with applicable provisions of federal, State, or local laws or these regulations;

12.4.1.2 Violation of the terms or conditions of its license;

12.4.1.3 Fraud or misrepresentation in obtaining a license or in the subsequent operation of the agency;

12.4.1.4 Refusal to furnish OCCL with files, reports, or records as required by law;

12.4.1.5 Refusal to permit an authorized representative of OCCL to gain admission to the agency during operating hours;

12.4.1.6 Engaging in any activity, policy, practice, or conduct by the licensee or staff member that adversely affects or is deemed by OCCL to be detrimental to the education, health, safety, or well-being of children; or

12.4.1.7 Conduct that otherwise demonstrates unfitness by the licensee to operate an agency.

12.4.2 OCCL shall notify the applicant or licensee in writing of the reasons it intends to deny a license application or revoke a license. This letter will describe how an applicant or licensee may appeal the decision by requesting a hearing to present information that the cited violations or reasons for the denial are not valid.

12.4.2.1 Within 10 business days of receiving the written notice, the applicant or licensee shall request a hearing in writing or accept the denial or revocation and close within the time stated in the notice.

12.4.2.2 If an applicant or licensee does not make a timely request for a hearing as stated in subsection 12.4.2.1, the denial or revocation will take effect 30 business days after receiving the written notice from OCCL.

12.4.3 A hearing will be held within 30 calendar days of the hearing request.

12.4.3.1 The department will assign a hearing officer with no previous involvement in the matter.

12.4.3.2 A hearing officer may allow delays in the hearing only for good cause.

12.4.4 If an applicant or licensee requests a hearing in a timely manner, its existing license will be valid until the department provides a written decision after the hearing. However, OCCL may suspend a license immediately whenever the health, safety, or well-being of children in care is in serious or imminent danger.

12.4.5 After a hearing officer makes a recommendation, the Secretary determines whether to adopt the recommendation and issues a final decision. The applicant or licensee will be notified in writing of the decision. The decision will become final 10 business days after it is mailed or delivered to the applicant or licensee.

12.4.6 An applicant or licensee who is dissatisfied with the department's decision regarding revocation or denial may file an appeal within 30 business days after the mailing or delivery of the decision notice.

12.4.6.1 The applicant or licensee appeals to the Delaware Superior Court in the county where the agency is located, by filing the appeal in the Office of the Prothonotary for the Superior Court.

12.4.6.2 The applicant or licensee shall supply a copy of the appeal to the department.

12.4.6.3 The applicant or licensee pays any costs for this appeal that Superior Court rules require to be paid by the filing party.

12.4.6.4 The final decision of the secretary will remain in place during the appeal process unless otherwise ordered by the court pursuant to 29 Del.C. § 10144.

14 Del. Admin. Code § 936-I-12.0

23 DE Reg. 233 (9/1/2019)
24 DE Reg. 274 (9/1/2020) (final)