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CAPS Policy – Administrative Hearings No.: CAPS/00-18 Effective Date: 10/01/2016 Revised: 10/06/2025 Revision Effective: 10/06/2025

CAPS Policy Manual

Page 103 of 109 LEGAL AUTHORITY: OCGA § 50-13-1 et seq., 7 CFR 226.6(k); Federal Register: 45 Code of Federal Regulation (CFR) 98 and 99.

Cross Reference/See Also: CAPS Parent Rights and Responsibilities Policy (CAPS/00-3), CAPS Eligibility Requirements Policy (CAPS/00-6), CAPS Program Integrity Policy (CAPS/00-16), CAPS Child Care Providers Rights and Responsibilities (CAPS/00-12)

Note: Definitions of words or phrases in bold are located in Definitions and Acronyms. Only the first occurrence of the defined words or phrases are bolded.

18 ADMINISTRATIVE HEARINGS

Purpose The purpose of this policy is the establish guidelines for administrative hearings when parents or child care providers disagree with an adverse action taken by the Georgia Department of Early Care and Learning (DECAL).

Scope This policy applies to all employees of the Department of Early Care and Learning (DECAL), all parties responsible for the administration of the CAPS program, parents, and child care providers who receive subsidies administered by DECAL on behalf of parents.

Right to an Administrative Hearing for Parents

18.3.1 Parents receiving subsidized child care have a right to appeal and receive a hearing regarding any actions instituted by DECAL that impact a parent’s eligibility and/or any action that would require a reclaim of funds. Lack of funding availability is not appealable. It is important to note the following situations are not appealable: • Applications disposed as unable to process or withdrawn • Selection of a child care provider that has been previously terminated by the CAPS program. • Dissatisfaction with care or services provided by the child care provider. • Statewide or local limitations on CAPS funding that results in a denial of CAPS services. • The natural expiration of a family’s eligibility period. • Any changes in federal or state law, regulations, or policies that affect entire populations.

18.3.2 If a parent appeals an adverse action that was imposed during the eligibility period, the parent may elect to continue receiving benefits at the current level until the appeal is resolved or until the end of the current eligibility period, whichever comes first. Funds paid when this option is exercised may be subject to reclaim. 18.3.3 If a parent appeals an adverse action imposed at annual redetermination, they may not elect to continue receiving benefits beyond the eligibility period preceding the annual redetermination.

18.3.4 The parent must request an administrative hearing, as appropriate, in writing within 14 calendar days from the date on the notice of adverse action.

18.3.5 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.

18.3.6 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.

Right to an Administrative Hearing for Child Care Providers 18.4.1 Child care providers receiving CAPS services have the right to appeal and receive a hearing regarding DECAL actions resulting in a reclaim of funds. It is important to note that the following matters are not appealable: • Future payments • Lack of funding availability • Denial from participation in CAPS