5101:2-12-09 Denial or revocation of a child care center application or license.

(A) The Ohio department of job and family services (ODJFS) may deny an application or revoke a child care center license for any of the following reasons:

(1) A center has failed to comply with the requirements of Chapter 5104. of the Revised Code and Chapter 5101:2-12 of the Administrative Code.

(2) The owner or administrator has pleaded guilty to or been convicted of an offense described in division (A)(8) or (A)(9) of section 109.572 or division (A)(1) of section 5104.09 of the Revised Code and is not eligible for or has not met the standards of rehabilitation in rule 5101:2-12-26 of the Administrative Code.

(3) A center has furnished or made misleading or false statements or reports to the ODJFS.

(4) A center refuses or fails to submit documentation or information requested by ODJFS within required time frames.

(5) A center has refused to allow ODJFS access onto its premises.

(B) ODJFS may propose the following actions that afford the right to a prior adjudicatory hearing in accordance with the requirements of Chapter 119. of the Revised Code:

(1) Denial of an initial license .

(2) Revocation of an existing license, either provisional or regular.

(3) The finding of jurisdiction in accordance with rule 5101:2-12-01 of the Administrative Code.

(4) Issuance of a license with authorization for license capacity which does not agree with the authorization sought by the center.

(5) Denial of a regular license at the expiration of the center's provisional license.

(C) ODJFS may propose actions that are of a ministerial nature and which are not subject to the right to an administrative hearing. These include rejection by ODJFS of any application for a license for procedural reasons such as, but not limited to, improper fee payment, incomplete submission of required materials or use of invalid forms.

(D) The surrender of a child care center license to ODJFS or the withdrawal of an application for a child care center license by the owner or administrator of the center shall not prohibit ODJFS from instituting any of the requirements of this rule.

(E) If ODJFS revokes a child care center license ODJFS shall not issue a license to the owner of the center within five years from the date of the revocation of the license .

Effective: 09/29/2011
R.C. 119.032 review dates: 07/14/2011 and 09/01/2016
Promulgated Under: 119.03
Statutory Authority: 5104.011 , 5104.03 , 5104.04
Rule Amplifies: 5104.011 , 5104.03 , 5104.04
Prior Effective Dates: 3/1/81, 9/1/86, 1/2/92 (Emer.), 4/1/92, 4/1/03, 9/1/07, 8/14/08