Section 383.145 Rights and Responsibilities in Administrative Hearings

Section 383.145  Rights and Responsibilities in

Administrative Hearings

a)         An

appellant may bring a representative, including legal counsel, to the hearing.

Expenses of a representative or of an appellant's witnesses shall be paid by

the appellant.

b)         An

appellant may request the licensing representative or other persons who may

have information relevant to the issues in dispute to attend the hearing by

asking the Chief Administrative Law Judge to issue appropriate subpoenas.

Witness fees and travel expenses for persons other than Department or

supervising agency employees are the responsibility of the party requesting the

subpoena.

c)         Any

motions from the appellant or the Department shall be filed with the

Administrative Law Judge at least 10 calendar days before the hearing.  Copies

shall be sent to the Department's representative and the appellant.

d)         At

the appellant's request, the Department shall provide an interpreter at no cost

to the appellant if English is not the appellant's primary language or a sign

interpreter if the appellant is hearing impaired.

e)         Both

the appellant and the Department have the right to examine and copy documents

and other information to be used by either party and to receive a list of

witnesses to be called by either party at the hearing by requesting them at

least 10 calendar days before the hearing.  The Administrative Law Judge may

prohibit the introduction of the requested evidence if not provided within the

time frame.

f)         At

any time prior to the commencement of the administrative hearing, the

Department may amend the statement of charges to include subsequent acts or

omissions in violation of the Child Care Act or licensing standards of which

the Department has provided the appellant notice

ive Law Judge may

prohibit the introduction of the requested evidence if not provided within the

time frame.

f)         At

any time prior to the commencement of the administrative hearing, the

Department may amend the statement of charges to include subsequent acts or

omissions in violation of the Child Care Act or licensing standards of which

the Department has provided the appellant notice.

g)         At

any time prior to the entry of a final administrative order, the appellant may

withdraw the request for an administrative hearing and accept the Department's

decision to revoke, refuse to renew or refuse to issue a full license, or may

abandon the right to an administrative hearing by surrendering the license.

h)         During

the administrative hearing, the appellant and the Department have the right to:

1)         present

and question witnesses;

2)         present

any information relevant to the issues;

3)         question

or disprove any information, including an opportunity to question opposing

witnesses; and

4)         dispose

of any disputed issue by stipulation, agreed settlement, consent order, or

default any time prior to the conclusion of the administrative hearing.

i)          The

Department:

1)         carries

the burden of proof of justifying the decision to revoke a license, refuse to

renew a license, or refuse to issue a full license to a permit holder; and

2)         must

prove that a preponderance of the evidence supports the decision.