Sec. 19a-423. (Formerly Sec. 19-542). Disciplinary actions. Due process and appeal procedures. No review of denial of initial license applications.
Sec. 19a-423. (Formerly Sec. 19-542). Disciplinary actions. Due process and
appeal procedures. No review of denial of initial license applications. (a) The commissioner may take any of the actions authorized under subsection (b) of this section if
the youth camp licensee: (1) Is convicted of any offense involving moral turpitude, the
record of conviction being conclusive evidence thereof; (2) is legally adjudicated insane
or mentally incompetent, the record of such adjudication being conclusive evidence
thereof; (3) uses any narcotic or any controlled drug, as defined in section 21a-240, to
an extent or in a manner that such use impairs the licensee's ability to properly care for
children; (4) fails to comply with the statutes and regulations for licensing youth camps;
(5) furnishes or makes any misleading or any false statement or report to the department;
(6) refuses to submit to the department any reports or refuses to make available to the
department any records required by it in investigating the facility for licensing purposes;
(7) fails or refuses to submit to an investigation or inspection by the department or to
admit authorized representatives of the department at any reasonable time for the purpose of investigation, inspection or licensing; (8) fails to provide, maintain, equip and
keep in safe and sanitary condition premises established for or used by the campers
pursuant to minimum standards prescribed by the department or by ordinances or regulations applicable to the location of such facility; or (9) wilfully or deliberately violates
any of the provisions of this chapter.
(b) The Commissioner of Public Health, after a contested case hearing held in accordance with the provisions of chapter 54, may take any of the following actions, singly
or in combination, in any case in which the commissioner finds that there has been a
substantial failure to comply with the requirements established under sections 19a-420
to 19a-428, inclusive, the Public Health Code or regulations adopted pursuant to section
19a-428: (1) Revoke a license; (2) suspend a license; (3) impose a civil penalty of not
more than one hundred dollars per violation for each day of occurrence; (4) place a
licensee on probationary status and require such licensee to report regularly to the department on the matters that are the basis of the probation; or (5) restrict the acquisition of
other facilities for a period of time set by the commissioner.
(c) The commissioner shall notify the licensee, in writing, of the commissioner's
intention to suspend or revoke the license or to impose a licensure action. The licensee
may, if aggrieved by such intended action, make application for a hearing, in writing,
over the licensee's signature to the commissioner. The licensee shall state in the application in plain language the reasons why the licensee claims to be aggrieved. The application shall be delivered to the commissioner not later than thirty days after the licensee's
receipt of notification of the intended action.
(d) The commissioner shall hold a hearing not later than sixty days after receipt of
such application and shall, at least ten days prior to the date of such hearing, mail a
notice, giving the time and place of the hearing, to the licensee. The hearing may be
conducted by the commissioner or by a hearing officer appointed by the commissioner,
in writing. The licensee and the commissioner or hearing officer may issue subpoenas
requiring the attendance of witnesses. The licensee shall be entitled to be represented
by counsel and a transcript of the hearing shall be made. If the hearing is conducted by
a hearing officer, the hearing officer shall state the hearing officer's findings and make
a recommendation to the commissioner on the issue of revocation or suspension or the
intended licensure action.
(e) The commissioner, based upon the findings and recommendation of the hearing
officer, or after a hearing conducted by the commissioner, shall render the commissioner's decision, in writing, suspending, revoking or continuing the license or regarding
the intended licensure action. A copy of the decision shall be sent by certified mail to
the licensee. The decision revoking or suspending the license or a decision imposing a
licensure action shall become effective thirty days after it is mailed by registered or
certified mail to the licensee. A licensee aggrieved by the decision of the commissioner
may appeal in the same manner as provided in section 19a-85.
(f) The provisions of subsections (c) to (e), inclusive, of this section shall not apply
to the denial of an initial application for a license under section 19a-421, provided the
commissioner notifies the applicant of any such denial and the reasons for such denial
by mailing written notice to the applicant at the applicant's address shown on the license
application.
(1969, P.A. 820, S. 4; P.A. 77-614, S. 323, 610; P.A. 93-381, S. 9, 39; P.A. 95-257, S. 12, 21, 58; June Sp. Sess. P.A.
01-4, S. 16; P.A. 06-195, S. 9.)
History: P.A. 77-614 replaced department of health with department of health services, effective January 1, 1979; Sec.
19-542 transferred to Sec. 19a-423 in 1983; P.A. 93-381 replaced department of health services with department of public
health and addiction services, effective July 1, 1993; P.A. 95-257 replaced Commissioner and Department of Public Health
and Addiction Services with Commissioner and Department of Public Health, effective July 1, 1995; June Sp. Sess. P.A.
01-4 deleted provision re appeal of denial in Subsec. (a) and made technical changes in Subsecs. (a) and (b); P.A. 06-195
deleted former Subsec. (a) re denial of applications for original youth camp license, redesignated existing Subsec. (b) as
Subsec. (a) and amended same by replacing provision authorizing department to suspend, revoke or refuse to renew youth
camp licenses with provision authorizing department to take any actions authorized under Subsec. (b) and by rewording
Subdiv. (4) to authorize department to take disciplinary action against licensees that fail to comply with statutes and
regulations for licensing youth camps, added new Subsec. (b) to authorize specific disciplinary actions following contested
case hearings, added Subsecs. (c) to (e) re due process and appeal procedures and added Subsec. (f) to exempt denials of
initial applications for youth camp licenses from due process and appeal procedures.