La. Admin. Code tit. 28 § CLXV-321

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

Section CLXV-321 - Termination or Refusal of Renewal of Certification and Ineligibility Periods for Providers

A. The department may terminate or refuse renewal of a providers certification and impose a period of ineligibility on the provider for program violations, which include but are not limited to the following:

1. violation of any provision of this Chapter;

2. violation of any terms of the CCAP provider agreement;

3. any act of fraud, such as the submission of false or altered documents or information, intentionally making a false or misleading statement, or misrepresenting, concealing, or withholding relevant fact;

4. failure to take steps or actions necessary to ensure the health, safety and well-being of children in care;

5. failure to report a known or suspected incident of abuse or neglect to child welfare authorities;

6. denial of center access to department staff or representatives or failure or refusal to cooperate with department staff in the performance of official duties;

7. failure to timely comply with a corrective action plan approved by the department;

8. failure to timely return any overpayment of child care assistance funds; or

9. failure to make timely restitution.

B. When certification is terminated or renewal is refused, the department shall provide written notice to the provider of the termination or denial of renewal, and of the providers ineligibility period, which may be 12 months, 24 months, or permanently.

C. Where the department determines a violation need not result in the termination of or refusal to renew the providers certification, the department may:

1. for the first violation, issue a written notice of violation that informs provider that continued or additional violations may result in the termination or refusal to renew certification and a period of ineligibility;

2. for the second violation, issue a second written notice of violation that includes a corrective action plan (CAP) that outlines the required actions that must be implemented or completed immediately and notice that failure to timely complete the CAP or additional or continued violations may result in the termination or refusal to renew certification and a period of ineligibility; and

3. for the third violation, terminate certification and impose a period of ineligibility of 12 months, 24 months or permanently.

D. If certification is terminated or renewal is refused, the action shall become effective when the provider is notified in writing. The written notice shall give the reason for termination or refusal to renew certification.

La. Admin. Code tit. 28, § CLXV-321

Promulgated by the Board of Elementary and Secondary Education, LR 412114 (10/1/2015), Amended LR 422175 (12/1/2016).

AUTHORITY NOTE: Promulgated in accordance with 45 CFR Part 98 and R.S. 17:407.26.