KRS 199.670: Denial, suspension, or revocation of license of child -caring facilities or

child-placing agencies.

(1) The cabinet may revoke or suspend a license issued under KRS 199.640 for any

deficiency or condition which would have caused a denial of the license in the first

instance. The cabinet may refuse to issue a license in any case where the applicant

is not found to meet the standards established by the secretary in an administrative

regulation promulgated in accordance with the provisions of KRS 199.640.

(2) If the cabinet proposes to revoke or suspend, or to refuse to issue a license, written

notice shall be given to the licensee or applicant, stating the proposed action and

grounds for the action, and notifying the licensee or applicant that t he license will

be revoked, suspended, or refused unless the applicant or licensee makes a written

request to engage in informal dispute resolution, in accordance with the provisions

of subsection (4) of this section, or the applicant or licensee makes a w ritten request

to the cabinet within thirty (30) days of notice for a hearing before the Office of

Administrative Hearings within the Department of Law. Notice shall be complete

and effective upon mailing. If the cabinet proposes to deny the issuance or re newal

of a license, notice of the proposed action shall be provided to the licensee or

applicant no later than thirty (30) days after the application for licensure or renewal

is received by the cabinet.

(3) If a request for a hearing is made, the hearing shall be conducted in accordance with

KRS Chapter 13B. If the cabinet has probable cause to believe that an immediate

threat to the public health, safety, or welfare exists, the cabinet may take emergency

action pursuant to KRS 13B.125.

(4) (a) Upon receipt of a statement of deficiency from the cabinet, the applicant or

licensee may request one (1) informal opportunity per survey to dispute any

deficiencies with which it disagrees. The applicant or licensee shall make a

written request to the cabinet for inf ormal dispute resolution, which must be

received by the cabinet within ten (10) days of the receipt of the statement of

deficiency by the applicant or licensee. The request shall:

1. Specify the deficiencies in dispute;

2. Provide a detailed explanation of the basis for the dispute;

3. Include any supporting documentation, including any information that

was not available at the time of the survey; and

4. If desired, request a face -to-face meeting with the regional program

manager, or the manager's designee, and a surveyor who did not

participate in the original survey or the decision to issue the disputed

deficiency.

(b) Upon receipt of a request for informal dispute resolution, the regional

program manager, or the manager's designee, and a child-caring surveyor who

did not participate in the original survey or the decision to issue the disputed

deficiency shall, within th irty (30) days of receipt of the request, review the

specific deficiencies in dispute and notify the applicant or licensee in writing

of the results of the review. If a face -to-face meeting was requested by the

applicant or licensee, the meeting shall be h eld, and no decision shall be made

regarding the disputed deficiencies until after the face -to-face meeting has

occurred.

1. If materials submitted by the applicant or licensee by mail or at the face -

to-face meeting demonstrate that specific deficiencies s hould not have

been cited, those deficiencies will be removed from the statement of

deficiencies and any enforcement actions imposed solely as a result of

those cited deficiencies will be rescinded.

2. If, after review of the disputed deficiencies, the reg ional office staff

affirms the deficiencies, the licensee or applicant may accept the

findings of the regional office staff and make any corrections required

by the cabinet, or may, within thirty (30) days of receipt of the notice,

request in writing a mee ting with the secretary or the secretary's

designee. The secretary may designate an individual who holds the

position of director or above to serve as the designee.

3. The secretary or the secretary's designee shall meet in person with the

licensee or appl icant and review the documentation available within

fifteen (15) days of receipt of the request.

4. If the information provided demonstrates that specific deficiencies

should not have been cited, those deficiencies will be removed from the

statement of deficiencies and any enforcement actions imposed solely as

a result of those cited deficiencies will be rescinded.

5. If the secretary or the secretary's designee affirms the deficiencies, the

secretary or the secretary's designee shall, within fifteen (15) d ays issue

a final written order stating the cabinet's final position regarding the

deficiencies in dispute. The decision of the secretary or the secretary's

designee shall be a final order for purposes of subsection (5) of this

section.

(c) A request for i nformal dispute resolution shall not delay the required

submission of a plan of correction for any deficiency not in dispute. Any

corrective plan of action or similar submission required by the cabinet relating

to any deficiency in dispute shall be suspend ed until a decision is rendered

and a corrective plan of action is agreed to within the informal dispute

resolution process or the secretary or the secretary's designee issues a final

order.

(5) Any final order may be reviewed in the Circuit Court of the c ounty in which the

child-caring facility or child -placing agency is located in accordance with KRS

Chapter 13B.