14 Del. Admin. Code § 938-II-10.0 - Enforcement Actions
10.1 To maintain licensure, a licensee shall follow these regulations and applicable federal, State, and local laws and regulations. Failure to do so will result in a corrective action plan or an enforcement action.
10.1.1 OCCL may initiate an enforcement action, such as suspension, revocation, or denial of a license application, if the health, safety, or well-being of children in care is in serious or imminent danger, or when a licensee fails to comply with a corrective action plan or agreement of understanding, or a specialist cited the camp for serious non-compliance.
10.1.2 A licensee may appeal an enforcement action by requesting a hearing in writing within three business days of notification of OCCL's decision to impose the action.
10.2 License Suspension
10.2.1 OCCL may immediately suspend a license if the health, safety, or well-being of children in care is in serious or imminent danger. Imminent hazards include, but are not limited to, the following:
10.2.1.1 An ongoing outbreak of an infectious, pathogenic, or toxic agent capable of being transmitted;
10.2.1.2 The absence of potable water, supplied under pressure, in a quantity capable of meeting the needs of the camp;
10.2.1.3 A backup of sewage into the camp or into equipment containing food or utensils;
10.2.1.4 An infestation of vermin to the extent that food and food-contact surfaces cannot be protected from contamination;
10.2.1.5 The absence of adequate toilet facilities; or
10.2.1.6 Insufficient qualified staff to operate the camp safely to meet staff-to-child ratios.
10.2.2 A suspension order requires the licensee to immediately cease operation of the youth camp and stop providing child care. Absent extenuating circumstances, a suspension order shall be in writing.
10.2.2.1 If OCCL issues a verbal suspension order, OCCL will hand-deliver a written suspension order by 11 AM the following business day unless a delay is approved by a licensing supervisor.
10.2.2.2 A written suspension order must state the reason or reasons for the enforcement action.
10.2.3 Within five business days of OCCL issuing the written order, the licensee may choose to close permanently, remain suspended until the licensee corrects the reason for the suspension and OCCL lifts the suspension, or remain suspended and request a hearing in writing. In cases where the licensee corrects the reason for suspension and OCCL lifts the suspension, OCCL may conduct increased monitoring for the duration of the license.
10.2.4 A hearing must be scheduled and held within 10 business days of the licensee's written request for a hearing.
10.2.4.1 The associate secretary of early childhood support assigns a hearing officer with no previous involvement in the matter.
10.2.4.2 The hearing officer may allow delays in the hearing only for good cause.
10.2.4.3 After a hearing officer makes a recommendation, the secretary determines whether to adopt the recommendation and issues a final decision.
10.2.4.4 The secretary will notify the licensee in writing of the decision. The decision will become final 10 business days after mailing or delivery to the licensee.
10.2.5 A licensee dissatisfied with the department's decision for suspension may file an appeal within 30 business days after the mailing or delivery of the decision notice.
10.2.5.1 A licensee appeals to the Delaware Superior Court in the county where the camp is located, by filing the appeal in the Office of the Prothonotary for the Superior Court.
10.2.5.2 A licensee shall supply a copy of the appeal to the department.
10.2.5.3 The licensee pays any appeal costs that Superior Court rules require the filing party to pay.
10.2.5.4 The final decision of the secretary will remain in place during the appeal process unless otherwise ordered by the court pursuant to 29 Del.C. §
10144.
10.3 Denial of a License Application or Revocation
10.3.1 OCCL may deny a license application or revoke a license for good cause, including but not limited to the following:
10.3.1.1 Failure to comply with applicable provisions of federal, State, or local laws, governor's orders, or these regulations;
10.3.1.2 Violation of the terms or conditions of its license;
10.3.1.3 Fraud or misrepresentation in obtaining a license or in the subsequent operation of the camp;
10.3.1.4 Refusal to furnish OCCL with files, reports, or records as required by these regulations;
10.3.1.5 Refusal to permit an authorized representative of OCCL to gain admission to the camp during operating hours;
10.3.1.6 Engaging in any activity, policy, practice, or conduct by the licensee or staff member that adversely affects or is deemed by OCCL to be detrimental to the health, safety, or well-being of children; or
10.3.1.7 Conduct that otherwise demonstrates unfitness by the licensee or camp director to operate a camp.
10.3.2 OCCL shall notify the applicant or licensee in writing of the reasons it intends to deny a license application or revoke a license. This letter will describe how an applicant or licensee may appeal the decision by requesting a hearing to present information that the cited violations or reasons for the denial are not valid.
10.3.2.1 Within 10 business days of receiving the written notice, the applicant or licensee shall request a hearing in writing or accept the denial or revocation and close within the time stated in the notice.
10.3.2.2 If an applicant or licensee does not make a timely request for a hearing as stated in subsection 10.3.2.1, the denial or revocation will take effect 30 business days after receiving the written notice from OCCL.
10.3.3 The hearing officer will hold the hearing within 30 calendar days of the hearing request.
10.3.3.1 The department will assign a hearing officer with no previous involvement in the matter.
10.3.3.2 A hearing officer may allow delays in the hearing only for good cause.
10.3.4 If an applicant or licensee requests a hearing in a timely manner, its existing license will be valid until the department provides a written decision after the hearing. However, OCCL may suspend a license immediately whenever the health, safety, or well-being of children in care is in serious or imminent danger.
10.3.5 After a hearing officer makes a recommendation, the secretary determines whether to adopt the recommendation and issues a final decision. The secretary will notify the applicant or licensee in writing of the decision. The decision will become final 10 business days after mailing or delivery to the applicant or licensee.
10.3.6 An applicant or licensee who is dissatisfied with the department's decision regarding revocation or denial may file an appeal within 30 business days after the mailing or delivery of the decision notice.
10.3.6.1 The applicant or licensee appeals to the Delaware Superior Court in the county where the camp is located, by filing the appeal in the Office of the Prothonotary for the Superior Court.
10.3.6.2 The applicant or licensee shall supply a copy of the appeal to the department.
10.3.6.3 The applicant or licensee pays any appeal costs that Superior Court rules require the filing party to pay.
10.3.6.4 The final decision of the secretary will remain in place during the appeal process unless otherwise ordered by the court pursuant to 29 Del.C. §
10144.
10.3.7 When OCCL revokes or denies an application, the licensee or applicant may not apply for any license from OCCL for two years from the date that the revocation or denial was upheld. OCCL will not issue any license to a camp's designated representative or another person in a leadership role during this two-year period.
Notes
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