Revision: Jan. 6, 2020, 1:48 p.m.
HB 1712 - AS INTRODUCED
2020 SESSION
20-3112
05/01
HOUSE BILL 1712
AN ACT relative to the appeals process for child day care licensees.
SPONSORS: Rep. McWilliams, Merr. 27; Rep. Fox, Merr. 23; Rep. Acton, Rock. 10
COMMITTEE: Children and Family Law
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ANALYSIS
This bill permits a child day care applicant, licensess, or permittee to request an administrative hearing regarding a decision by the department of health and human services; such appeals are not limited to decisions to revoke, deny, or refuse to renew a license or permit. The bill also limits the department's authority to revoke or suspend a child care agency's license to those cases in which continued operation would pose a threat the health or safety of the children served. The child care agency may continue to operate pending appeal unless the department demonstrates an imminent threat to the children's health and safety.
This bill is a request of the committee established in 2019, 173 (HB 524).
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
20-3112
05/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty
AN ACT relative to the appeals process for child day care licensees.
Be it Enacted by the Senate and House of Representatives in General Court convened:
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] poses a threat to the health[,] or 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] on the date specified. [In this event, the agency shall not] The agency shall be permitted to operate during the pendency of any proceeding for the review of the decision of the department, [except under court order] unless the department can demonstrate that there is an imminent threat to the health or safety of children.
2 Effective Date. This act shall take effect January 1, 2021.