La. Admin. Code tit. 28 § CLXI-1309

Current through Register Vol. 50, No. 11, November 20, 2024

Section CLXI-1309 - Disqualification Period Following Revocation or Refusal to Renew

A. If a license is revoked or renewal is refused due to failure to comply with licensing laws, regulations or minimum standards, or if a license is surrendered to avoid such adverse action, a center shall not be qualified to submit a new application for licensure for a minimum disqualification period of 24 months.

B. The minimum disqualification period shall begin on the later of:

1. the effective date of revocation, refusal to renew, or surrender to avoid adverse action; or

2. the day after all appeal rights have been exhausted.

C. Any unlicensed operation during the disqualification period shall interrupt running of the 24-month prescriptive period until the department has verification that the unlicensed operations have ceased.

D. Any pending application by the same center shall be treated as an application for a new center for purposes of this Section and may be denied and subject to the disqualification period.

E. If the owner of a center has multiple licensed early learning centers and the license of one center is revoked, renewal is refused, or the license is surrendered to avoid adverse action, a capacity increase may be denied at any of the other existing licensed centers for the minimum disqualification period.

F. If the owner of a center has multiple licensed early learning centers, and a license is revoked, renewal is refused, or the license is surrendered to avoid adverse action for one center due to the actions on the part of the owner or a director who is responsible for more than one center, the licenses at all locations may be reviewed for possible revocation or refusal to renew.

G. If an applicant has a history of non-compliance with licensing laws, regulations or minimum standards, including but not limited operating without a license, or has been denied one or more previous applications for licensure, the department may refuse to accept a subsequent application from the applicant for the minimum disqualification period after the effective date of the most recent adverse action.

H. An application for a new license for a center whose license has been revoked or renewal has been refused, or whose license has been surrendered to avoid adverse action, may be denied if the applicant is an affiliate of the center.

1.Affiliate for purposes of this Section means:

a. each partner or member of a partnership or limited liability company;

b. each officer, director and stockholder of a corporation;

c. and with respect to a natural person:

i. that person and any individual related by blood, marriage or adoption within the third degree of kinship to that person;

ii. any partnership, together with any or all of its partners, in which that person is a partner; and

iii. any corporation in which that person is an officer, director or stockholder, or directly or indirectly holds a controlling interest;

d. with respect to any of the above, any mandatary, agent or representative, or any other natural or juridical person acting at the direction or on behalf of the licensee or applicant; and

e. the director of any such early learning center.

I. If a license is revoked due solely to the disapproval from any agency whose approval is required for licensure, or due solely to the center being closed and with no immediate plans for re-opening within 30 calendar days and with no means for the department to verify compliance with minimum standards for licensure, the disqualification period may be partially or totally waived at the discretion of the department.

1. The department may accept a subsequent application for a license that shall be reviewed by the department prior to a decision being made to grant a license.

2. The department reserves the right to determine, at its sole discretion, whether to issue any subsequent license.

J. If an application for a license has been denied or a license revoked, renewal refused or the license surrendered to avoid adverse action, any owner, officer, member, manager, director or administrator of such licensee shall be prohibited from owning, managing, directing or operating another licensed center for a disqualification period of not less than 24 months from the date of the final disposition of the most recent adverse action.

1. The lapse of 24 months shall not automatically restore eligibility to a person disqualified under this Subsection.

2. The department, at its sole discretion, may determine if a longer period of disqualification is warranted based upon the facts of each case.

La. Admin. Code tit. 28, § CLXI-1309

Promulgated by the Board of Elementary and Secondary Education, LR 41628 (April 2015). effective 7/1/2015, Amended LR 441863 (10/1/2018).

AUTHORITY NOTE: Promulgated in accordance with R.S. 17:6, 17:407.44, and 17:407.45.