Revision: July 28, 2020, 8:29 a.m.
HB 1712 - AS AMENDED BY THE HOUSE
19Feb2020... 0446h
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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AMENDED ANALYSIS
This bill permits a child day care applicant, licensee, or permittee to appeal the decision resulting from the informal dispute resolution process. The bill also provides that, unless the department of health and human services has ordered a child day care agency to close immediately, the agency may operate pending appeal of the department's decision. The bill also prohibits the department from retaliating against a child day care applicant, licensee, or permittee.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
19Feb2020... 0446h
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, or aggrieved by an unfavorable decision following informal dispute resolution under RSA 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 [violates any minimum standard prescribed by law or rule, or otherwise jeopardizes] poses a present and credible 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 or on the date specified. [In 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[, except under court order]. Notwithstanding the above, the agency shall retain the right to seek injunctive relief in accordance with RSA 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.
20-3112
Amended 7/20/20
HB 1712- FISCAL NOTE
AS AMENDED BY THE HOUSE (AMENDMENT #2020-0446h)
AN ACT relative to the appeals process for child day care licensees.
FISCAL IMPACT: [ X ] State [ ] County [ ] Local [ ] None
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| Estimated Increase / (Decrease) | |||
STATE: | FY 2020 | FY 2021 | FY 2022 | FY 2023 |
Appropriation | $0 | $0 | $0 | $0 |
Revenue | $0 | $0 | $0 | $0 |
Expenditures | $0 | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase |
Funding Source: | [ X ] General [ ] Education [ ] Highway [ ] Other | |||
METHODOLOGY:
This bill amends the child day care licensing statute by creating a new right of appeal for an applicant, licensee, or permittee aggrieved by an unfavorable decision following informal dispute resolution. In addition, the bill removes the current standard for program closure (a finding of a violation of a minimum standard prescribed by rule or law, or otherwise jeopardizing the health, safety, morals, or welfare of children served by the agency), and replaces it with a new standard (posing a present and credible threat to the health or safety of children served by the agency). Finally, the bill adds a new section prohibiting the Department of Health and Human Services from retaliating against a child day care applicant, licensee, or permittee. The Department anticipates the bill may result in additional positions, potentially including attorneys, hearings examiners, licensing evaluation coordinators, supervisory staff, and clerical staff. The Department states that as of March 2020, it is unable to estimate the cost of any needed positions.
AGENCIES CONTACTED:
Department of Health and Human Services