Page 104

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 104 of 109 • Dismissal from participation in CAPS • Disqualification from participation in CAPS

18.4.2 The child care provider may request a reconsideration or an administrative hearing related to a reclaim of funds, as appropriate, in writing. The written request must be postmarked by the deadline listed on the notice or within 14 calendar days from the date of the notice on an appealable or adverse action taken by DECAL. 18.4.3 Failure to request reconsideration or a hearing, as appropriate, by the deadline listed on the notice or within 14 calendar days from the date of the notice shall automatically affirm DECAL’s decision.

18.4.4 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. Notification 18.5.1 All parties will be notified of the hearing date and location by the Office of State Administrative Hearings (OSAH). Hearings for the CAPS program are conducted by OSAH.

Release of Information 18.6.1 For the purpose of the administrative hearing process, individuals shall have access to his or her eligibility case records as required by law. Child care providers will have access to their enrollment records previously submitted to the CAPS. All other record requests shall be obtained through the open records process. The open records process can be found at https://www.decal.ga.gov/Bfts/OpenRecordsRequest.aspx.

18.6.2 When requested, records for review will be sent to the parent or the provider through U.S. mail or approved electronic means at DECAL’s discretion.

Pre-Hearing Conferences 18.7.1 Parents and providers shall have the right to request a pre-hearing conference before proceeding to the actual administrative hearing. At no time shall an individual be discouraged from pursuing his or her right to an administrative hearing. A pre-hearing conference does not stay a hearing before OSAH.

18.7.2 If requested, the pre-hearing conference shall be scheduled at a time and place agreed to by all parties.

18.7.3 Parents and child care providers may not refuse participation if a pre-hearing conferenced is required by DECAL. Failure to appear at pre-hearing conferences requested by DECAL may result in sanctions against the parent or child care provider.

18.7.4 Parents and child care providers may have an authorized representative participate on his/her behalf.

18.7.5 Neither DECAL nor the parent or child care provider shall be bound to make an agreement during this pre-hearing.

18.7.6 If there is an agreement during the pre-hearing conference, the agreement must be documented and shall be required to be followed by all parties.

POLICY REVISION HISTORY Date Description of Change 10/01/2019 Added additional clarification related to matters that are not appealable. Revised language to note that when allowed, appeals must be requested by the deadline listed on the notice or within 14 calendar days from the date of the notice. 05/15/2020 Revised language to clarify non-appealable actions for parental authorities. 11/15/2023 Revised language to clarify the child care provider may request a reconsideration or an administrative hearing related to a reclaim of funds, as appropriate, in writing and postmarked by the deadline listed on