§ 63-13-460 — License denial; nonrenewal; notice; hearings; appeals.

(A) An applicant who has been denied a license by the department must be given prompt written notice by certified or registered mail. The notice shall indicate the reasons for the proposed action and shall inform the applicant of the right to appeal the decision to the director in writing within thirty days after the receipt of notice of denial. An appeal from the final decision of the director may be taken to an administrative law judge pursuant to the Administrative Procedures Act. (B) A licensee whose application for renewal is denied or whose license is about to be revoked must be given written notice by certified or registered mail. The notice must contain the reasons for the proposed action and shall inform the licensee of the right to appeal the decision to the director or his designee in writing within thirty calendar days after the receipt of the notice. An appeal from the final decision of the director may be taken to an administrative law judge pursuant to the Administrative Procedures Act. (C) At the hearing provided for in this section, the applicant or licensee may be represented by counsel and has the right to call, examine, and cross-examine witnesses and to otherwise introduce evidence. Parents appearing at the hearing may also be represented by counsel. The hearing examiner is empowered to require the presence of witnesses and evidence by subpoena on behalf of the appellant or department. The final decision of the department must be in writing, must contain the department's findings of fact and rulings of law, and must be mailed to the parties to the proceedings by certified or registered mail to their last known addresses as may be shown in the application, or otherwise. A full and complete record must be kept of all proceedings, and all testimony must be reported but need not be transcribed unless the department's decision is appealed, or a transcript is requested by an interested party. Upon an appeal, the department shall furnish to any appellant, free of charges, a certified copy of the transcript of all evidentiary proceedings before it. Other parties shall pay the cost of transcripts prepared at their request. (D) The decision of the department is final unless appealed by a party to an administrative law judge pursuant to the Administrative Procedures Act.

Legislative History

HISTORY: 2008 Act No. 361, SECTION 2. ARTICLE 5 Public Childcare Centers and Group Childcare Homes DERIVATION TABLE Showing the sections in former Chapter 7, Title 20 from which the sections in this article were derived. NewSection FormerSection 63-13-610 20-7-2790 63-13-620 20-7-2800 63-13-630 20-7-2810 63-13-640 20-7-2820 63-13-650 20-7-2830