5101:2-13-09 Denial or revocation of a type A home application or license.

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

(1) A type A home has failed to comply with the requirements of Chapter 5104. of the Revised Code and Chapter 5101:2-13 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 5101:2-13-26 of the Administrative Code.

(3) The type A home has furnished or made misleading or false statements or reports to ODJFS.

(4) A type A home refuses or fails to submit documents or information requested by ODJFS within the required time frames.

(5) The type A home 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) The proposal of ODJFS to deny an initial type A home license.

(2) The proposal of ODJFS to revoke an existing type A home license, either provisional or regular.

(3) The finding of jurisdiction in accordance with rule 5101:2-13-01 of the Administrative Code.

(4) The issuance of a type A license by ODJFS with authorization for license capacity which does not agree with the authorization sought by the type A home.

(5) The proposal of ODJFS to deny a regular type A home license at the expiration of the type A home's provisional license.

(C) ODJFS may propose actions that are of a ministerial nature and are not subject to the right to an administrative hearing. This includes, 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 type A home license to ODJFS or the withdrawal of an application for a type A home license by the owner or administrator of the type A home shall not prohibit ODJFS from instituting any of the requirements of this rule.

(E) When ODJFS revokes a type A home license , ODJFS shall not issue a license to the owner of the type A home 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
Rule Amplifies: 5104.03 , 5104.04
Prior Effective Dates: 9/5/86, 7/1/03, 9/1/07, 8/14/08