§ 42-12.5-6. Violations, suspensions and revocations of license. (a) When a licensee violates the terms of the license, the provisions of this chapter, or any regulation thereunder, the department may pursue the administrative remedies herein provided, in addition to other civil or criminal remedies according to the general laws.

(b) After notice and hearing, as provided by the Administrative Procedures Act, chapter 35 of title 42, the administrator may revoke the license, or suspend the license for a period not exceeding six (6) months.

(c) During a suspension, the facility or program shall cease operation.

(d) To end a suspension, the licensee shall, within thirty (30) days of the notice of suspension, submit an acceptable plan of corrective action to the administrator. The plan shall outline the steps and timetables for immediate correction of the areas of noncompliance and is subject to the approval of the administrator.

(e) At the end of the suspension, the administrator may reinstate the license for the term of the original license, revoke the license, issue a new license, or deny a reapplication.

(f) Upon revocation, the licensed program or facility shall cease operation. The licensee whose license has been revoked may not apply for a similar license within a three-year (3) period from the date of revocation.

(g) Except in those instances wherein there is a determination that there exists a danger to the public health, safety, or welfare or there is a determination that the childcare provider has committed a serious breach of state law, orders, or regulation, the director shall utilize progressive penalties for noncompliance of any rule, regulation, or order relating to childcare providers. Progressive penalties could include written notice of noncompliance, education and training, suspending enrollment to the program, assessing fines, suspension of license, and revocation of license.

(h) Any child day care provider, as defined in this chapter, who has exhausted all administrative remedies within the department of human services and is aggrieved by a final order of the department of human services, may file for judicial review in the superior court of Providence county pursuant to § 42-35-15.

(i) The Rhode Island family court shall retain jurisdiction over those complaints investigated by the department of children, youth and families, pursuant to chapter 72.1, regardless of whether licensing and monitoring is performed under this chapter or chapter 72.1 of this title.

History of Section. (P.L. 2019, ch. 88, art. 4, § 15.)