13A.17.15.04

.04 Suspension.

A. The office may suspend a letter of compliance for a period of not more than 60 calendar days:

(1) Upon determining that the:

(a) Regulations in this subtitle have been violated; and

(b) Health, safety, or welfare of children in the facility is threatened; or

(2) If the letter of compliance is a continuing letter of compliance that was replaced by a conditional letter of compliance, and the:

(a) Conditional letter of compliance has lapsed; and

(b) Operator has failed to meet the requirements for reinstatement of the continuing letter of compliance.

B. The office shall notify the operator in writing of the suspension by certified mail 20 calendar days in advance, and the notice shall specify:

(1) The effective date and period of the suspension;

(2) The reason for suspension;

(3) The regulatory violation which is the basis for the suspension;

(4) That the operator shall stop providing child care on the effective date of the suspension unless the operator requests a hearing in writing within 20 days of the date of the suspension notice;

(5) That the operator may request a hearing;

(6) That the suspension shall be stayed if a hearing is requested within 20 days of the date of the suspension notice;

(7) That, if the suspension is upheld by the Superintendent's designee following the hearing, the operator shall cease providing child care until the office determines that the health, safety, or welfare of a child in the facility no longer is threatened;

(8) That the suspension may lead to revocation; and

(9) That the operator is required to surrender the letter of compliance to the office when the suspension becomes effective.

C. The office shall notify the parents of the children in care of the suspension.

D. By the end of the suspension period, the office shall:

(1) Reinstate the letter of compliance and return it to the operator; or

(2) Revoke the letter of compliance.