PURPOSE: This rule addresses the procedures for license denial, revocation, suspension, or suspension of intake and the right for an administrative hearing and judicial review for an agency aggrieved by a final decision of the director.

1. (1) Reasons for License Denial or License Revocation.

   1. (A) The division may refuse to issue a license to an applicant, or may deny or revoke the license of a licensee, who—

      1. 1. Fails consistently to comply with the

applicable provisions of sections 210.481–210.536, RSMo, and the applicable corresponding rules;

1. 2. Violates any of the provisions of its

license;

1. 3. Violates state laws or rules relating to

the protection of children;

1. 4. Abuses or neglects children, or is the 13 CSR 35-71

subject of multiple or serious reports of child abuse or neglect which upon investigation results in a court adjudicated, probable cause, and/or preponderance of evidence finding, or after (effective the date of this amendment) are found guilty, plead guilty, or plead no contest to felony crimes against persons as specified in Chapters 565, 566, 567, 568, and 573, RSMo, or the same serious crimes against persons regardless of the state or country in which the crime was committed and/or court adjudicated, probable cause, and/or preponderance of evidence child sexual abuse and/or serious child physical abuse and/or serious child neglect. An agency shall also exclude from employment persons who are on the respective Department of Health and Senior Services and/or the Department of Mental Health lists that exclude child or adult care employment and/or licensure and the agency fails to take corrective action acceptable to the division;

1. 5. Employs persons who abuse or

neglect children, persons who are the subjects of multiple or serious reports of child abuse or child neglect which upon investigation results in a court adjudicated, probable cause, and/or preponderance of evidence finding or after (effective the date of this amendment) are found guilty, plead guilty, or plead no contest to felony crimes against persons as specified in Chapters 565, 566, 567, 568, and 573, RSMo, or the same serious crimes against persons regardless of the state or country in which the crime was committed and/or court adjudicated, probable cause, and/or preponderance of evidence child sexual abuse and/or serious child physical abuse and/or serious child neglect. An agency shall also exclude from employment persons who are on the respective Department of Health and Senior Services and/or the Department of Mental Health lists that exclude child or adult care employment and/or licensure and the agency fails to take corrective action acceptable to the division;

1. 6. Furnishes or makes any misleading or

false statements or reports to the division;

1. 7. Refuses to submit any reports or

refuses to make available to the division any records required in making an investigation;

1. 8. Fails or refuses to submit to an inves-

tigation by an authorized and identified representative of the division at any reasonable time;

1. 9. Fails to provide, maintain, equip, and

keep in safe and sanitary condition the premises established or used for the care of children as required by law, rule, or ordinance applicable to the location of a facility; or

1. 10. Fails to provide adequate financial

resources for the satisfactory care of children being served, or the upkeep of the premises, or both.

1. (B) The division shall provide written notice of denial or revocation of licensure to the agency, which shall include the reason(s) for the denial or revocation. Upon receipt of the notice of denial or revocation, the agency shall cease operation within five (5) working days unless stayed by an appropriate administrative or judicial order.
2. (C) The agency may appeal the decision of the division to deny or revoke the license by filing a request for appeal with the division within ten (10) days after receipt of the notice of denial or revocation.
3. (D) Any person aggrieved by a final decision of the division with regard to the denial or revocation of licensure shall be entitled to a hearing and review by the director or his/her designee as provided by section 210.526, RSMo.
4. (E) An agency may not reapply for licensure within one (1) year from the date of denial or revocation.

1. (2) License Suspension and Suspension of Intake.

   1. (A) The division shall have the authority to suspend the license of an agency when necessary to protect the health, safety and welfare of children.
   2. (B) The division shall have the authority to suspend the intake of children into placement during prescribed time periods in order to assure the health, safety and welfare of children.
   3. (C) The division shall provide written notice of the suspension and the reason(s) for the suspension to the agency. Upon receipt of notice of suspension, the agency shall immediately cease operation pending review. In the event that intake only is suspended, the division shall provide written notice and the reasons for the suspension, including time frames and limitations on intake.
   4. (D) When the division suspends the license of an agency, the suspension shall be for a period not to exceed thirty (30) working days, or until there is an administrative review and decision by the director, whichever is first.

AUTHORITY: section 210.506, RSMo 2000.* This rule originally filed as 13 CSR 40- 71.030. Original rule filed Nov. 9, 1978, effective Feb. 11, 1979. Emergency rescission and emergency rule filed Nov. 1, 1993, effective Nov. 12, 1993, expired March 11, 1994. Emergency rescission and emergency rule filed March 2, 1994, effective March 12, 1994, expired July 9, 1994. Rescinded and readopted: Filed Nov. 1, 1993, effective June 6, 1994. Emergency amendment filed July 25, 2008, effective Aug. 4, 2008, expired Jan. 30, 2009. Moved to 13 CSR 35-71.030 and amended: Filed July 25, 2008, effective Jan. 30, 2009. *Original authority: 210.506, RSMo 1982, amended 1993, 1995.