us-dc/policy/osse/ccdf/final-rulemaking-licensing-of-child-development-facilities/page-57

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us-dc/policy/osse/ccdf/final-rulemaking-licensing-of-child-development-facilities/page-57 — Page 57 · Axiom

114.8 A license that has been summarily suspended may be reinstated before the end of the suspension period if OSSE determines that the Facility has:

(a)Provided parents and guardians with proper and complete…#

(a) Provided parents and guardians with proper and complete information regarding the Notice of Summary Suspension;

(b)Completely abated the perceived or actual threat to the…#

(b) Completely abated the perceived or actual threat to the health, safety, or welfare of children, adults, or the general public or established that there was, in fact, no such threat; and

(c)Demonstrated substantial compliance with the Facilities…#

114.9 Requests for review of an OSSE’s Notice of Summary Suspension shall be filed with the Office of Administrative Hearings not later than five (5) days after the date the written notification of the Notice of Summary Suspension is issued. If a request for review is not received within a timely manner, the summary suspension shall become the final administrative decision of the agency.

114.10 Upon a timely request for an expedited hearing pursuant to this section, the Office of Administrative Hearings (OAH) shall conduct the hearing within five (5) business days after the request, and the Office of Administrative Hearings shall issue a decision within five (5) business days after the hearing record is closed.

114.11 The Administrative Law Judge’s final decision shall be in writing and is the final administrative decision.

114.12 If OAH upholds the basis for summary suspension, and the deficiency is not reinstated pursuant to Subsection 114.8, the Facility may, before the end of the initial suspension period, ask OSSE to extend the suspension period for an additional forty-five (45) days.

114.13 The burden to demonstrate good cause for extending a summary suspension shall be that of the Facility, and shall include written evidence from the Facility showing significant progress has been made toward achieving compliance with the law(s) or regulation(s) cited, a plan for achieving such compliance within the additional time sought and information establishing why it is substantially likely that the Facility will, in fact, achieve such compliance, and that only through the provision of such additional time will the Facility be able to demonstrate such compliance.

114.14 If OSSE determines, in its sole discretion, that there is a substantial likelihood that if the Facility is granted an additional forty-five (45) days in which to correct all violations cited in the Notice of Suspension, and will be able to operate in accordance with this chapter and the Facilities Act, OSSE may, in its sole discretion, extend the summary suspension for up to an additional forty-five (45)