Section 5-A114. SUMMARY SUSPENSION

 

114.1 OSSE may issue a Notice of Summary Suspension to summarily and immediately suspend the license of a Facility, for a period of not more than forty-five (45) calendar days, unless otherwise provided for in this section, upon finding that circumstances present an imminent danger to the health, safety, or welfare of children, adults, or the general public.

 

114.2 OSSE may stop placement of children eligible for subsidized care in the Facility once a Notice of Summary Suspension has been issued.

 

114.3 An imminent threat to the health, safety, or welfare of children , adults, or the general public may include, but is not limited to, an imminent threat of:

 

(a) Poor air quality;

 

(b) Evidence of rodents and insects in the Facility;

 

(c) Inadequate staffing;

 

(d) Issues pertaining to improper sanitation and hygiene;

 

(e) Substantiated claims of child abuse;

 

(f) Unsafe handling and preparation of food; or

 

(g) Any other situation that constitutes a violation of this chapter or the Facilities Act that poses an imminent danger to the health, safety, or welfare of children, adults, or the general public. 

 

114.4 A summary suspension of a license shall be effective upon the delivery to the Facility of a written Notice of Summary Suspension, unless otherwise specified by OSSE in the Notice. 

 

114.5 The Notice of Summary Suspension shall:

 

(a) Be hand-delivered to the Licensee, at the current physical address of the Facility as shown in OSSE’s records; and

 

(b) Provide that the Licensee may, within five (5) days after receipt of the Notice, request a hearing. If no request for a hearing is made, the Notice shall become the final administrative decision of the agency.

 

114.6 Once a Notice of Summary Suspension has been delivered to a Facility, the Licensee shall immediately:

 

(a) Surrender the Facility’s current license to OSSE;

 

(b) Cease the provision of all child development services;

 

(c) Provide parents and guardians with written notification of the Notice of Summary Suspension. Written notification of the Notice of Summary Suspension shall state the reason provided by OSSE for the Notice of Summary Suspension, and inform parents and guardians of the need to make alternative child care arrangements; and

 

(d) Provide OSSE with a copy of the written notification provided to parents and guardians.

 

114.7 Except as provided in Subsections 114.10 through 114.12, during the summary suspension period, OSSE shall either reinstate the current license or initiate proceedings for the revocation of the license.

 

114.8 A license that has been summarily suspended may be reinstated before the end of the suspension period if OSSE determines that the Facility has:

 

(a) Provided parents and guardians with proper and complete information regarding  the Notice of Summary Suspension;

 

(b) Completely abated the perceived or actual threat to the health, safety, or welfare of children, adults, or the general public or established that there was, in fact, no such threat; and

 

(c) Demonstrated substantial compliance with the Facilities Act and with this chapter.

 

114.9 Requests for review of an OSSE’s Notice of Summary Suspension shall be filed with the Office of Administrative Hearings not later than five (5) days after the date the written notification of the Notice of Summary Suspension is issued. If a request for review is not received within a timely manner, the summary suspension shall become the final administrative decision of the agency.

 

114.10 Upon a timely request for an expedited hearing pursuant to this section, the Office of Administrative Hearings (OAH) shall conduct the hearing within five (5) business days after the request, and the Office of Administrative Hearings shall issue a decision within five (5) business days after the hearing record is closed.

 

114.11 The Administrative Law Judge’s final decision shall be in writing and is the final administrative decision. 

 

114.12 If OAH upholds the basis for summary suspension, and the deficiency is not reinstated pursuant to Subsection 114.8, the Facility may, before the end of the initial suspension period, ask OSSE to extend the suspension period for an additional forty-five (45) days.

 

114.13 The burden to demonstrate good cause for extending a summary suspension shall be that of the Facility, and shall include written evidence from the Facility showing significant progress has been made toward achieving compliance with the law(s) or regulation(s) cited, a plan for achieving such compliance within the additional time sought and information establishing why it is substantially likely that the Facility will, in fact, achieve such compliance, and that only through the provision of such additional time will the Facility be able to demonstrate such compliance.    

 

114.14 If OSSE determines, in its sole discretion, that there is a substantial likelihood that if the Facility is granted an additional forty-five (45) days in which to correct all violations cited in the Notice of Suspension, and will be able to operate in accordance with this chapter and the Facilities Act, OSSE may, in its sole discretion, extend the summary suspension for up to an additional forty-five (45) days.  Under no circumstance shall a summary suspension period last more than a total of ninety (90) calendar days. 

 

 

authority

The State Superintendent of Education (“State Superintendent”), pursuant to authority set forth in Sections 3(b)(6A), 3(b)(9), 3(b)(9A), 3(b)(11) of the State Education Office Establishment Act of 2000, effective October 21, 2000 (D.C. Law 13-176; D.C. Official Code §§ 38-2602(b)(6A), (b)(9), (b)(9A), and (b)(11)) (2012 Repl. & 2016 Supp.)); the Day Care Policy Act of 1979, effective September 19, 1979 (D.C. Law 3-16; D.C. Official Code §§ 4-401 et seq. (2012 Repl. & 2016 Supp.)) (“Day Care Act”); Mayor’s Order 2009-3, dated January 15, 2009; the Child Development Facilities Regulation Act of 1998, effective April 13, 1999 (D.C. Law 12-215; D.C. Official Code §§ 7-2031 et seq. (2012 Repl.)) (“Facilities Act”); Mayor’s Order 2009-130, dated July 16, 2009; Sections 503 and 504 of the Early Intervention Program Establishment Act of 2004, effective April 13, 2005 (D.C. Law 15-353; D.C. Official Code §§ 7-863.03 and 7-863.04 (2012 Repl.)); Mayor’s Order 2009-167, dated September 28, 2009; Titles I and II of the Child and Youth, Safety and Health Omnibus Amendment Act of 2004 (“CYSHA”), effective April 13, 2005 (D.C. Law 15-353; D.C. Official Code §§ 1-620.31 et seq. and §§ 4-1501.01 et seq. (2012 Repl. & 2016 Supp.)); and the Healthy Tots Act of 2014, effective February 26, 2015 (D.C. Law 20-155; D.C. Official Code §§ 38-281 et seq. (2016 Supp.)); and pursuant to the Social Security Act, approved February 22, 2012 (Pub.L. 112-96; 42 U.S.C. § 618(c)); the Child Care and Development Block Grant Act of 2014 (“CCDBG Act”), approved November 19, 2014 (Pub.L. 113-186; 42 U.S.C. §§ 9858 et seq.).

source

Final Rulemaking at 63 DCR 14640 (December 2, 2016).