(a) If the department determines that an intentional program violation has occurred, the department will send a written notice to the facility that
- (1) includes the department's determination, and the basis for that determination;
- (2) describes the action the department intends to take, and the effective date of that action; and
- (3) advises the facility of the right to request an administrative review under 7 AAC 39.800.
- (b) A sanction imposed under this section is effective 15 days after the facility receives notice under (a) of this section unless the facility requests an administrative review under 7 AAC 39.800.
(c) The department may impose one or more sanctions under this section, including
- (1) suspension of payments for two to six months for one or more violations identified in the first investigation of a facility, except as described in (2) of this subsection;
- (2) termination if a violation during the first investigation involves the facility claiming attendance for a child who was not enrolled for care in the facility; and
- (3) termination of the facility's participation in the child care grant program for one or more violations identified in a second investigation of the facility.
- (d) A facility may not bill the department for services provided during a period of suspension or after the facility's participation in the child care grant program is terminated.
- (e) The department will reinstate a facility after a period of suspension if the facility submits a new application and continues to meet the applicable requirements of this chapter.
- (f) A termination imposed by a final department decision is permanent, and the facility may not reapply to participate in the child care grant program.
- (g) If a facility's participation in the child care grant program is terminated under this section, the facility shall return all unexpended grant money to the department in accordance with 7 AAC 39.055(b).
(Eff. 6/23/2006, Register 178)
Authority: AS 47.25.001, AS 47.25.071