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199.670 Denial, suspension, or revocation of license of child-caring facilities or child-placing agencies.

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199.670 Denial, suspension, or revocation of license of child-caring facilities or child-placing agencies. (1) The cabinet may revoke or suspend a license issued under KRS 199.640 for any deficiency or condition which would have caused a denial of the license in the first <br>instance. The cabinet may refuse to issue a license in any case where the applicant is <br>not found to meet the standards established by the secretary in an administrative <br>regulation promulgated in accordance with the provisions of KRS 199.640. (2) If the cabinet proposes to revoke or suspend, or to refuse to issue a license, written notice shall be given to the licensee or applicant, stating the proposed action and <br>grounds therefor, and notifying the licensee or applicant that the license will be <br>revoked, suspended, or refused unless the applicant or licensee makes a written <br>request to engage in informal dispute resolution, in accordance with the provisions <br>of subsection (4) of this section, or the applicant or licensee makes a written request <br>for a hearing before the secretary within thirty (30) days of notice. Notice shall be <br>complete and effective upon mailing. If the cabinet proposes to deny the issuance or <br>renewal of a license, notice of the proposed action shall be provided to the licensee <br>or applicant no later than thirty (30) days after the application for licensure or <br>renewal is received by the cabinet. (3) If a request for a hearing is made, the hearing shall be conducted in accordance with KRS Chapter 13B. If the cabinet has probable cause to believe that an immediate <br>threat to the public health, safety, or welfare exists, the cabinet may take emergency <br>action pursuant to KRS 13B.125. (4) (a) Upon receipt of a statement of deficiency from the cabinet, the applicant or licensee may request one (1) informal opportunity per survey to dispute any <br>deficiencies with which it disagrees. The applicant or licensee shall make a <br>written request to the cabinet for informal dispute resolution, which must be <br>received by the cabinet within ten (10) days of the receipt of the statement of <br>deficiency by the applicant or licensee. The request shall: <br>1. Specify the deficiencies in dispute; 2. Provide a detailed explanation of the basis for the dispute; 3. Include any supporting documentation, including any information that <br>was not available at the time of the survey; and 4. If desired, request a face-to-face meeting with the regional program <br>manager, or the manager's designee, and a surveyor who did not <br>participate in the original survey or the decision to issue the disputed <br>deficiency. (b) Upon receipt of a request for informal dispute resolution, the regional program manager, or the manager's designee, and a child-caring surveyor who did not <br>participate in the original survey or the decision to issue the disputed <br>deficiency shall, within thirty (30) days of receipt of the request, review the <br>specific deficiencies in dispute and notify the applicant or licensee in writing <br>of the results of the review. If a face-to-face meeting was requested by the <br>applicant or licensee, the meeting shall be held, and no decision shall be made regarding the disputed deficiencies until after the face-to-face meeting has <br>occurred. <br>1. If materials submitted by the applicant or licensee by mail or at the face-<br>to-face meeting demonstrate that specific deficiencies should not have <br>been cited, those deficiencies will be removed from the statement of <br>deficiencies and any enforcement actions imposed solely as a result of <br>those cited deficiencies will be rescinded. 2. If, after review of the disputed deficiencies, the regional office staff <br>affirms the deficiencies, the licensee or applicant may accept the <br>findings of the regional office staff and make any corrections required by <br>the cabinet, or may, within thirty (30) days of receipt of the notice, <br>request in writing a meeting with the secretary or the secretary's <br>designee. The secretary may designate an individual who holds the <br>position of director or above to serve as the designee. 3. The secretary or the secretary's designee shall meet in person with the <br>licensee or applicant and review the documentation available within <br>fifteen (15) days of receipt of the request. 4. If the information provided demonstrates that specific deficiencies <br>should not have been cited, those deficiencies will be removed from the <br>statement of deficiencies and any enforcement actions imposed solely as <br>a result of those cited deficiencies will be rescinded. 5. If the secretary or the secretary's designee affirms the deficiencies, the <br>secretary or the secretary's designee shall, within fifteen (15) days issue a <br>final written order stating the cabinet's final position regarding the <br>deficiencies in dispute. The decision of the secretary or the secretary's <br>designee shall be a final order for purposes of subsection (5) of this <br>section. (c) A request for informal dispute resolution shall not delay the required submission of a plan of correction for any deficiency not in dispute. Any <br>corrective plan of action or similar submission required by the cabinet relating <br>to any deficiency in dispute shall be suspended until a decision is rendered and <br>a corrective plan of action is agreed to within the informal dispute resolution <br>process or the secretary or the secretary's designee issues a final order. (5) Any final order may be reviewed in the Circuit Court of the county in which the child-caring facility or child-placing agency is located in accordance with KRS <br>Chapter 13B. Effective: July 15, 1998 <br>History: Amended 1998 Ky. Acts ch. 527, sec. 3, effective July 15, 1998. -- Amended 1996 Ky. Acts ch. 318, sec. 89, effective July 15, 1996. -- Amended 1980 Ky. Acts <br>ch. 114, sec. 37, effective July 15, 1980. -- Amended 1974 Ky. Acts ch. 74, Art. VI, <br>sec. 107(21); and ch. 315, sec. 26. -- Amended 1972 Ky. Acts ch. 153, sec. 5. -- <br>Created 1950 Ky. Acts ch. 125, sec. 30.