Page 385

385 | P a g e FFY 2025–2027 CCDF State Plan

appropriate, in writing within 14 calendar days from the date on the notice of adverse action. Failure to request an administrative hearing by the deadline listed on the notice or within 14 calendar days from the date of the notice shall automatically affirm DECAL’s decision. If the individual making a hearing request does not speak English and a bilingual staff person or interpreter is requested, DECAL must ensure that the appellant is afforded a translator at the hearing.

ii. [x]Disqualify the provider. Describe this process, including a description of the appeal process for providers who are disqualified. Describe the activities and the results of these activities based on the most recent analysis: Disqualification of a child care provider refers to a time-limited or permanent status that disallows child care providers from participating in the Child Care and Parent Services (CAPS) program for failure to comply with Department of Early Care and Learning (DECAL) policies or federal or state laws and regulations. Providers may be disqualified due to the following: debarment or removal from any other federal or state program (disqualification will span a period of seven years plus any period thereafter that funds are still outstanding), failure to repay funds (disqualification will be lifted once the overpayment is paid in full), violation of CAPS policy; the period for disqualification will be based on the severity of the violation of policy, after a DECAL review has been conducted, fraud conviction by state court, federal court, and/or Attorney General’s Office (disqualification will be permanent), serious injury as defined in CAPS Policy Definitions and Acronyms. At the discretion of DECAL administration, providers may be suspended, dismissed, or disqualified for health and safety violations that are not explicitly defined in CAPS policy and are not subject to appeal.

It is important to note that the following matters are not appealable: future payments, lack of funding availability, denial of participation in CAPS, dismissal from participation in CAPS, disqualification from participation in CAPS.

Providers who participate in the subsidy program and are issued a notice of revocation of their license or a notice of emergency closure are afforded appeal procedures by the Lead Agency's Child Care Licensing division. Staff from the subsidy program follow the lead of the Child Care Licensing division who establish and monitor health and safety standards in Georgia, and providers must have a license or exemption to participate in the subsidy program. The Child Care Licensing division allows providers 10 days to appeal the revocation or 48 hours to appeal the emergency closure. Providers are advised of this right in the revocation or emergency closure paperwork. All revocation or emergency closure appeal requests are forwarded to the Lead Agency's Legal Division who then forwards all hearing requests to the Office of State Administrative Hearings (OSAH). OSAH sets the date and time for the administrative hearing and notifies all parties of that date and time. After the hearing, OSAH issues an Initial Decision affirming or denying the action of the Lead Agency. The decision contains the reason for the judgment, the supporting evidence and policy used to reach the judgment, findings of fact, and conclusions of law. Either party may file a motion to vacate a