2010 Mississippi Code
TITLE 43 - PUBLIC WELFARE
Chapter 20 - Child Care Facilities.
43-20-14 - Denial, suspension, or revocation of license; hearing; appeal.

§ 43-20-14. Denial, suspension, or revocation of license; hearing; appeal.
 

(1)  The licensing agency may deny a license or refuse to renew a license for any of the reasons set forth in subsection (3) of this section. 

(2)  Before the licensing agency may deny or refuse to renew, the applicant or person named on the license shall be entitled to a hearing in order to show cause why the license should not be denied or should be renewed. 

(3)  The licensing agency may suspend, revoke or restrict the license of any child-care facility upon one or more of the following grounds: 

(a) Fraud, misrepresentation or concealment of material facts; 

(b) Conviction of an operator for any crime if the licensing agency finds that the act or acts for which the operator was convicted could have a detrimental effect on children cared for by any child-care facility; 

(c) Violation of any of the provisions of this chapter or of the regulations governing the licensing and regulation of child-care facilities promulgated by the licensing agency; 

(d) Any conduct, or failure to act, that is found or determined by the licensing agency to threaten the health or safety of children at the facility; 

(e) Failure by the child-care facility to comply with the provisions of Section 43-20-8(3) regarding background checks of caregivers; and 

(f) Information received by the licensing agency as a result of the criminal records background check and the child abuse registry check on all operators under Section 43-20-8. 

(4)  Before the licensing agency may suspend, revoke or restrict the license of any facility, any licensee affected by that decision of the licensing agency shall be entitled to a hearing in which the licensee may show cause why the license should not be suspended, revoked or restricted. 

(5)  Any licensee who disagrees with or is aggrieved by a decision of the Mississippi State Department of Health in regard to the denial, refusal to renew, suspension, revocation or restriction of the license of the licensee, may appeal to the chancery court of the county in which the facility is located. The appeal shall be filed no later than thirty (30) days after the licensee receives written notice of the final administrative action by the Mississippi State Department of Health as to the suspension, revocation or restriction of the license of the licensee. 
 

Sources: Laws,  1978, ch. 413, § 1; Laws, 1990, ch. 552, § 10; Laws, 2000, ch. 415, § 5; Laws, 2003, ch. 554, § 2, eff from and after July 1, 2003.