1 Child Day Care Licensees; Hearings. Amend RSA 170-E:13, II and III to read as follows:

II. Any applicant, licensee or permittee aggrieved by a decision of the department to suspend, revoke, deny or refuse to renew a license or permit may appeal to the commissioner. For purposes of carrying out the provisions of this section, the commissioner may, in accordance with the rules adopted by the department of personnel pursuant to RSA 541-A, appoint a hearings officer or officers, as necessary, to preside over such hearings. A hearings officer may affirm, deny or modify the decision of the department. The commissioner shall adopt rules, pursuant to RSA 541-A, relative to procedures for the appeal process provided under this paragraph.

III. When the department decides to suspend, revoke, deny, or refuse to renew a license or permit, and it expressly finds that the continued operation of a child day care agency violates any minimum standard prescribed by law or rule, or otherwise jeopardizes the health, safety, morals or welfare of children served by the agency, the department shall include in its order issued under paragraph I an order of closure directing that the operation of the agency terminate immediately . In this event, the agency shall notoperate during the pendency of any proceeding for the review of the decision of the department, except under court order*.

2 New Section; Child Day Care Licensing; Retaliation Prohibited. Amend RSA 170-E by inserting after section 8 the following new section:

170-E:8-a Retaliation Prohibited. The department shall not retaliate against an applicant, licensee, or permittee for any reason. Any applicant, licensee, or permittee who believes that the department's actions regarding licensure or permit status, or the findings of a monitoring visit, were retaliatory in nature may request a hearing under RSA 170-E:12, II or informal dispute resolution under RSA 170-E:10-a.

3 Effective Date. This act shall take effect January 1, 2021.

1 Child Day Care Licensees; Hearings. Amend RSA 170-E:13, II and III to read as follows:

II. Any applicant, licensee or permittee aggrieved by a decision of the department to suspend, revoke, deny or refuse to renew a license or permit , or aggrieved by an unfavorable decision following informal dispute resolution underRSA 170-E:10-a, may appeal to the commissioner. For purposes of carrying out the provisions of this section, the commissioner may, in accordance with the rules adopted by the department of personnel pursuant to RSA 541-A, appoint a hearings officer or officers, as necessary, to preside over such hearings. A hearings officer may affirm, deny or modify the decision of the department. The commissioner shall adopt rules, pursuant to RSA 541-A, relative to procedures for the appeal process provided under this paragraph.

III. When the department decides to suspend, revoke, deny, or refuse to renew a license or permit, and it expressly finds that the continued operation of a child day care agency poses a present and credible threat to the health, morals or welfareIn this event, the agency shall not Unless the department has ordered the agency to terminate immediately, the agency shall be permitted to *operate during the pendency of any proceeding for the review of the decision of the department. Notwithstanding the above, the agency shall retain the right to seek injunctive relief in accordance withRSA 170-E:22. **

2 New Section; Child Day Care Licensing; Retaliation Prohibited. Amend RSA 170-E by inserting after section 8 the following new section:

170-E:8-a Retaliation Prohibited. The department shall not retaliate against an applicant, licensee, or permittee for any reason. Any applicant, licensee, or permittee who believes that the department's actions regarding licensure or permit status, or the findings of a monitoring visit, were retaliatory in nature may request a hearing under RSA 170-E:12, II or informal dispute resolution under RSA 170-E:10-a.

3 Effective Date. This act shall take effect January 1, 2021.