65-504. Licenses; contents; limitations; posting; inspections; temporary permits; access to premises; temporary licenses; denial or revocation of license; procedure.
65-504
65-504. Licenses; contents; limitations; posting;inspections;temporary permits; access to premises; temporary licenses; denial orrevocation of license; procedure.(a) The secretary of health and environment shall have the power to grant alicense to a person to maintain amaternity center or child carefacility for children under 16 yearsof age. The license shall state the name of the licensee, describe theparticular premises in or at which the business shall be carried on,whether it shall receive and care for women or children, and the number ofwomen or children that may be treated, maintained, boarded or cared for atany one time. No greater number of women or children than is authorized in thelicense shall be kept on those premises and the business shall notbe carried on in a building or place not designated in the license. The licenseshall be kept posted in a conspicuous place on the premises wherethe business is conducted. The secretary of health and environment shall grantno license inany case until careful inspection of the maternity center or child carefacility shall have been madeaccording to the terms of this act and untilsuch maternity center or childcare facility has complied with all therequirements of this act. Except as provided by this subsection, nolicense shall be granted without the approval ofthe secretary of social and rehabilitation services. The secretaryof health and environment may issue, without the approval of the secretary ofsocial and rehabilitation services, a temporary permit to operate for a periodnot to exceed 90 days upon receipt of an initial application for license.Thesecretary of health and environment may extend, without the approval of thesecretary of social and rehabilitation services, the temporary permit tooperatefor an additional period not to exceed 90 days if an applicant is not in fullcompliance with the requirements of this act but has made efforts towards fullcompliance.
(b) (1) In all cases where the secretary of social and rehabilitationservices deems it necessary, an investigation of the maternitycenter or child care facility shall be made underthe supervision of the secretary of social and rehabilitation services or otherdesignated qualified agents. For that purpose and for any subsequentinvestigations they shall have the right of entry and access to the premises ofthe center or facility and to any information deemed necessary tothe completion of theinvestigation. In all cases where an investigation is made, a report of theinvestigation of such center or facility shall be filed with thesecretary of health andenvironment.
(2) In cases where neither approval or disapproval canbe given within a period of30 days following formal request for such a study,the secretary of health and environment may issue atemporary license without fee pending final approval or disapproval of thecenteror facility.
(c) Whenever the secretary of health and environment refuses to grant alicense to an applicant, the secretary shall issue an order to that effectstating the reasons for such denial and within five days after the issuanceof such order shall notify the applicant of the refusal. Upon applicationnot more than 15 days after the date of its issuance a hearingon the order shall be held in accordance with the provisions of the Kansasadministrative procedure act.
(d) When the secretary of health and environment finds upon investigation oris advised by the secretary of social and rehabilitation services that anyof the provisions of this act or the provisions of K.S.A. 59-2123 andamendments thereto are being violated, or that the maternity center or childcare facilityismaintained without due regard to the health, comfort or welfare of theresidents, the secretary of health andenvironment, aftergiving notice and conducting a hearing in accordance with the provisions of theKansas administrative procedure act, shall issue an order revoking suchlicense. The order shall clearly state the reason forthe revocation.
(e) If the secretary revokes or refuses to renew a license, the licenseewho had a license revoked or not renewed shall not be eligible to apply fora license or for a certificate of registration to maintain a family daycare home under K.S.A. 65-518 and amendments thereto for a period of oneyear subsequent to the date such revocation or refusal to renew becomes final.
(f) Any applicant or licensee aggrieved by a final order of thesecretary of health and environment denying or revoking a license underthis act may appeal the order in accordance with the act for judicialreview and civil enforcement of agency actions.
History: L. 1919, ch. 210, § 4; R.S. 1923, 65-504; L. 1951, ch. 358,§ 1; L. 1961, ch. 285, § 1; L. 1974, ch. 352, § 86; L. 1978, ch.236, § 3; L. 1982, ch. 258, § 3; L. 1983, ch. 147, § 2; L. 1984,ch. 313, § 93; L. 1985, ch. 209, § 2; L. 1988, ch. 239, § 1; L.1989, ch. 188, § 1;L. 1990, ch. 145, § 37;L. 1991, ch. 184, § 1;L. 1994, ch. 279, § 7;L. 2000, ch. 137, § 1; July 1.