2011 Kentucky Revised Statutes CHAPTER 199 PROTECTIVE SERVICES FOR CHILDREN - ADOPTION 199.670 Denial, suspension, or revocation of license of child-caring facilities or child-placing agencies.
KY Rev Stat § 199.670 (1996 through Reg Sess) What's This?
199.670 Denial, suspension, or revocation of license of child-caring facilities or
child-placing agencies.
(1)
(2)
(3)
(4)
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
instance. The cabinet may refuse to issue a license in any case where the applicant is
not found to meet the standards established by the secretary in an administrative
regulation promulgated in accordance with the provisions of KRS 199.640.
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
grounds therefor, and notifying the licensee or applicant that the license will be
revoked, suspended, or refused unless the applicant or licensee makes a written
request to engage in informal dispute resolution, in accordance with the provisions
of subsection (4) of this section, or the applicant or licensee makes a written request
for a hearing before the secretary within thirty (30) days of notice. Notice shall be
complete and effective upon mailing. If the cabinet proposes to deny the issuance or
renewal of a license, notice of the proposed action shall be provided to the licensee
or applicant no later than thirty (30) days after the application for licensure or
renewal is received by the cabinet.
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
threat to the public health, safety, or welfare exists, the cabinet may take emergency
action pursuant to KRS 13B.125.
(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
deficiencies with which it disagrees. The applicant or licensee shall make a
written request to the cabinet for informal dispute resolution, which must be
received by the cabinet within ten (10) days of the receipt of the statement of
deficiency by the applicant or licensee. The request shall:
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
was not available at the time of the survey; and
4.
If desired, request a face-to-face meeting with the regional program
manager, or the manager's designee, and a surveyor who did not
participate in the original survey or the decision to issue the disputed
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
participate in the original survey or the decision to issue the disputed
deficiency shall, within thirty (30) days of receipt of the request, review the
specific deficiencies in dispute and notify the applicant or licensee in writing
of the results of the review. If a face-to-face meeting was requested by the
applicant or licensee, the meeting shall be held, and no decision shall be made
(5)
regarding the disputed deficiencies until after the face-to-face meeting has
occurred.
1.
If materials submitted by the applicant or licensee by mail or at the faceto-face meeting demonstrate that specific deficiencies should not have
been cited, those deficiencies will be removed from the statement of
deficiencies and any enforcement actions imposed solely as a result of
those cited deficiencies will be rescinded.
2.
If, after review of the disputed deficiencies, the regional office staff
affirms the deficiencies, the licensee or applicant may accept the
findings of the regional office staff and make any corrections required by
the cabinet, or may, within thirty (30) days of receipt of the notice,
request in writing a meeting with the secretary or the secretary's
designee. The secretary may designate an individual who holds the
position of director or above to serve as the designee.
3.
The secretary or the secretary's designee shall meet in person with the
licensee or applicant and review the documentation available within
fifteen (15) days of receipt of the request.
4.
If the information provided demonstrates that specific deficiencies
should not have been cited, those deficiencies will be removed from the
statement of deficiencies and any enforcement actions imposed solely as
a result of those cited deficiencies will be rescinded.
5.
If the secretary or the secretary's designee affirms the deficiencies, the
secretary or the secretary's designee shall, within fifteen (15) days issue a
final written order stating the cabinet's final position regarding the
deficiencies in dispute. The decision of the secretary or the secretary's
designee shall be a final order for purposes of subsection (5) of this
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
corrective plan of action or similar submission required by the cabinet relating
to any deficiency in dispute shall be suspended until a decision is rendered and
a corrective plan of action is agreed to within the informal dispute resolution
process or the secretary or the secretary's designee issues a final order.
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
Chapter 13B.
Effective: July 15, 1998
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
ch. 114, sec. 37, effective July 15, 1980. -- Amended 1974 Ky. Acts ch. 74, Art. VI,
sec. 107(21); and ch. 315, sec. 26. -- Amended 1972 Ky. Acts ch. 153, sec. 5. -Created 1950 Ky. Acts ch. 125, sec. 30.
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