Section 17-800-5 - Denial or removal from department's listing, and hearings(a) The conditions for denial or removal from the department's listing and the action taken by the department shall be as follows:(1) The department shall deny or remove a provider from the department's listing if an applicant or listed exempt center-based provider does not comply with the applicable statutes and rules of the department under this chapter;(2) The department may deny or remove a provider from the authorized listing if an applicant or listed exempt center-based provider does not cooperate with the department by providing access to its facilities, records, and staff members.(b) The department shall give notice when the listing application is denied, or the exempt center-based provider is removed from the department's listing. The notice shall: (1) Be written and sent by certified or registered mail addressed to the location shown on the listing application;(2) Contain a statement of the reason(s) for the proposed action and shall inform the exempt center-based provider of the right to appeal the decision to the director of the department in writing, no later than ten working days after the mailing of the notice of the proposed action.(c) Upon receiving a timely written appeal, the director of the department shall give notice of and an opportunity for an administrative appeal hearing before a hearing officer. On the basis of the evidence adduced at the hearing, the hearing officer shall make the final decision of the department as to whether the application to be placed on the department's listing shall be denied or the exempt center-based provider shall be removed from the department's listing.(d) If no timely written appeal is made, processing of the application shall end or the exempt center-based provider shall be removed from the department's listing as of the termination of the ten working day period.(e) The exempt center-based provider shall be immediately removed from being on the department's listing pending the completion of an investigation of a complaint allegation that the exempt center-based provider may pose a risk to the children in care, for conditions that include but are not limited to the following:(1) Fails to terminate the employee, substitute, volunteer, or new employee who has a child abuse or neglect, adult abuse, criminal, or background check history and is determined to be not suitable to provide care in accordance with chapter 17-801;(2) Fails to exclude the employee, substitute, volunteer, or new employee who is the subject of an ongoing or pending criminal, child welfare, or department investigation in accordance with chapter 17-801;(3) Does not provide or require an employee, substitute, volunteer, or new employee to consent to conduct background checks in accordance with chapter 17-801;(4) Does not complete or require an employee, substitute, volunteer, or new employee to complete the health and safety trainings specified in section 17-800-10(b)(4); or(5) Allows conditions to exist which constitute an imminent danger to the health, welfare, or safety of the children. These risks include but are not limited to the existence of a health hazard on the premises, unsafe facility conditions that cannot be immediately abated, or refusal to terminate an employee as specified in section 17-801-6.(f) Upon immediate removal from the department's listing pursuant to subsection (e), the department shall: (1) Provide the exempt center-based provider written notice of the determination by personal service or by certified or registered mail addressed to the provider's last known address;(2) Provide a statement of the reasons for the removal from the department's listing in the notice and inform the exempt center-based provider of the right to petition the department to reconsider the determination within ten working days after mailing of the notice;(3) Give the exempt center-based provider reasonable notice upon receiving a written petition; and(4) Provide an opportunity for a prompt administrative appeal before a hearing officer with respect to the order of removal from the department's listing. On the basis of the evidence adduced at the hearing, the hearing officer shall make the final decision of the department as to whether the order of removal shall be affirmed or reversed.(g) Filing of a request for an administrative appeal does not permit the applicant or listed provider to continue to be on the department's listing of exempt center-based providers authorized to care for a child whose family is authorized to receive child care payments under chapters 17-798.3 and 17-799.(h) An applicant who was removed from the listing pursuant to this section, shall be unable to apply to be on the department's listing for:(1) A ninety-day period from the date that the exempt center-based provider was removed from the department's listing if the removal was their first offense; and(2) One year from the date that the exempt center-based provider was removed from the department's listing if the removal was their second offense.(i) Child care payments to the family shall not continue during the exempt center-based provider's appeal process. The family may select another authorized provider in accordance with chapters 17-798.3 or 17-799[Eff 8/6/2021] (Auth: HRS §§ 346-14 and 346-152.5) (Imp: HRS §§ 346-14 and 346-152.5)