10114 Voluntary Closure

 

  1. Withdrawal of Application - At any point in the regulatory process the applicant or licensee may withdraw the request for a license and this request must be accepted. The withdrawal of the application revokes the right of the licensing agency to investigate and the case is closed by KDHE. The DCF provider enrollment should be terminated.

  2. Relocation of Facility - When an applicant or licensee moves to a new location the application license is no longer valid. A new application with the new address (not application renewal) must be submitted. If child care is to be continuous, a complete new application must be submitted prior to the move, and the applicant must have received a temporary permit or license. Initial procedures for licensing are followed. The effective DCF provider enrollment should be terminated at the old location and new forms shall be completed on the new location by the provider.

  3. Change From One Category of Care to Another - When an applicant or licensee changes categories of care, the previous file is closed at the time the new temporary permit is issued. If the application is for a child care center license, the number of children may not increase to the center or preschool level until all applicable requirements are met and the license is issued. The previous category of license is closed when the new license is issued. New DCF provider enrollment forms shall be completed by the applicant.

 

10115 Denial or Revocation - An applicant may have a request for license denied or the license revoked because of non-compliance with applicable statutes. The following information documents the procedure followed for each process.

 

10116 Closure Resulting From Enforcement Action - When an applicant or licensee refuses to grant the local health department or KDHE access to the facility, fails to maintain compliance with the applicable statutes and regulations, or has a prohibited person living, working or volunteering in the facility, an enforcement proceeding is initiated by KDHE as follows:

 

  1. Notice of Non-Compliance - This document is not reviewed by KDHE legal staff nor signed by the Secretary of KDHE. It is issued by the Bureau Director pursuant to K.S.A. 65-513 which requires KDHE to advise licensees of violations and give them five days to make corrections. If immediate compliance is not feasible, and children are not at risk, a plan for correcting the violations will be accepted by KDHE. The DCF provider enrollment may continue until further action from KDHE.

  2. Notice of Intent to Deny the Application - It is a legal notice to the applicant that KDHE intends to deny the application. It is issued by the Secretary of the Department of Health and Environment following review by KDHE legal staff.

 

The applicant has the right to request an administrative hearing within 20 days of receiving the notice. Failure to submit a timely request results in a waiver of the applicant's right to a hearing and KDHE may issue a Notice of Intent to Deny on an initial application or renewal application of a license. When the Notice of Intent to Deny is issued on the initial application, DCF will not approve the provider. If it is issued on a renewal application, a 30-day notice of termination may be sent to the provider by DCF.