10000 Child Care Providers

10117 Notice of Intent to Revoke the License - It is a legal notice to the licensee that the agency intends to revoke the license. It is issued by the Secretary of KDHE after review by KDHE legal staff. The licensee has the right to request an administrative hearing within 20 days of the receipt of notice. Failure to submit a timely request results in a waiver of the licensee's right to a hearing and the Notice of Intent becomes a Final Order revoking the license. A Notice of Intent to Deny or a Notice of Intent to Revoke may be issued:

When the provider does not respond to a Notice of Noncompliance;

When violations listed on the Notice of Noncompliance are not corrected at the time the child care facility surveyor checks;

When DCF validates abuse or neglect by a person who continues to reside, work or volunteer in the facility;

When a person prohibited by K.S.A. 65-516 continues to reside, work, or volunteer in the facility.

NOTE: If a decision is made by DCF to send a Notice of Termination to the provider, a 30-day notice is required. If the Notice of Intent does not become a Final Order, DCF may have the provider complete a new provider enrollment form after he or she is in compliance with KDHE.

10118 Final Order of the Secretary of Department of Health and Environment - The Secretary of KDHE may review the decision of the Presiding Hearing Officer if requested to do so by the provider. If upon review, the Secretary adopts the Hearing Officer's decision to deny or revoke, a Final Order of Denial or of Revocation is sent to the provider and gives the final date for the operation of the facility unless the provider obtains a Stay of the Final Order from KDHE.

The provider, who receives a Final Order of the Denial of an Application Renewal, may continue to operate for 30 days after the Order to give time to appeal the decision to the District Court without obtaining a Stay from KDHE. If the Hearing Officer does not recommend denial or revocation or if the Secretary does not adopt the Hearing Officer's decision to revoke or deny, the provider will be notified and may continue to operate.

10119 Appeals to the District Court - After the Final Order is received by the provider, he or she has thirty (30) days to appeal the decision to the District Court. Witnesses usually will not be expected to testify at the District Court level. The attorneys prepare briefs to be presented to the District Court judge.