(a)

1. (1) Any person may make a formal complaint with the Office of Early Childhood if that person has reason to believe that an ABC Program provider failed to comply with this part or the Arkansas Better Chance Program Act, Arkansas Code § 6-45-101 et seq.

2. (2) The formal complaint shall include the following:

   1. (A) The name, phone number, and address of the complaining party;
   2. (B) The name of the ABC Program complained of;
   3. (C) A brief description of the acts or omissions the complaining party has reason to believe constitute a violation of this part or the Arkansas Better Chance Program Act;
   4. (D) Documents, if any, that support the complaint; and
   5. (E) The names and contact information, if known, of any witnesses who may possess information relevant to the complaint.
3. (3) Signed complaints shall be submitted to the office at the following email address: OEC.ABC@ade.Arkansas.gov.

4. (4)

   1. (A) Office staff shall investigate the complaint.
   2. (B) The investigation shall afford an opportunity for the ABC Program provider to respond to the complaint.

(b)

1. (1) An ABC Program found to be out of compliance with any ABC Program rule shall be placed on a sixty-day compliance plan.

2. (2) During this probationary period, a program must:

   1. (A) Make all necessary corrections; or
   2. (B) Be subject to termination from the ABC Program.

3. (3) Compliance deficiencies may also result in:

   1. (A) Immediate termination from the ABC Program;
   2. (B) Denial of future ABC Program funds;
   3. (C) Repayment of funds; and
   4. (D) Exclusion from participation in any Department of Human Services programs.

(c) Issues for a compliance plan may include, but are not limited to:

1. (1) Founded licensing or maltreatment complaints;
2. (2) Violations of minimum licensing standards;
3. (3) Revocation of Quality Approval status or failing to meet Quality Approval standards;
4. (4) Financial mismanagement, including use of funds for programs other than ABC Programs as set forth in this part;
5. (5) Failure to operate the program in accordance with approved budget or any part of an approved grant application;
6. (6) Enrolling ineligible children or refusing to enroll an eligible child due to toilet-development issues or nonpayment of other childcare fees;
7. (7) Habitually late reports or missing information;
8. (8) Failure to report a change in program status within five (5) working days;
9. (9) Program deficiencies documented by the Division of Elementary and Secondary Education or any authorized representative;
10. (10) Erroneous or fraudulent billing of division vouchers or Special Nutrition Programs;
11. (11) Falsification of any document or information;
12. (12) Hiring of unqualified staff without consultation with the division on a Staff Qualifications Plan;
13. (13) Staff members not meeting the requirements of a Staff Qualifications Plan;
14. (14) Dismissing or expelling a child from a program without approval from the division; and
15. (15) Contact for a support services specialist.

(d)

1. (1) Any program that submits a falsified document will be subject to an immediate investigation for agency action.

2. (2) Agency actions may include:

   1. (A) Termination from the ABC Program;
   2. (B) Repayment of funds; and
   3. (C) Possible referral of program officials and, or, or responsible employees for criminal prosecution.

(e)

1. (1) An ABC Program may appeal any adverse action taken by the division.
2. (2) Such appeals must be in writing and be received within thirty (30) days of the notice of corrective action.
3. (3) A program wishing to appeal should send a written notice to Attention: DESE Assistant Commissioner or designee for the office, at: OEC.ABC@ade.Arkansas.gov.
4. (4) The assistant commissioner or designee for the office will make a recommendation to the State Board of Education, which will issue a final ruling.