HB 1443-FN - AS INTRODUCED
2000 SESSION
HOUSE BILL 1443-FN
AN ACT requiring a hearing prior to issuance of statement of findings on the suspension, revocation, or denial of a daycare provider's license.
SPONSORS: Rep. Patricia Cote, Rock 9; Rep. Beaulieu, Rock 11
COMMITTEE: Children and Family Law
This bill requires a hearing on the merits prior to the department issuing a statement of findings or imposing any sanction against a child care agency. The bill also provides for a de novo review of the merits of the case before the superior court.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
00-2530
04/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand
AN ACT requiring a hearing prior to issuance of statement of findings on the suspension, revocation, or denial of a daycare provider's license.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Child Day Care Agencies; Notice and Hearing Amended. Amend RSA 170-E:13, I and II to read as follows:
I. [Should the department determine to suspend, revoke, deny, or refuse to renew a license or permit, it shall send to the applicant, licensee or permittee, by registered mail, an order setting forth the particular reasons for the determination. The suspension, revocation or denial shall become final 10 days after receipt of such order unless the applicant, licensee or permittee requests a hearing under paragraph II of this section.] (a) Should the department have reason to believe that an applicant, licensee, or permittee has violated any provision of RSA 170-E:12, the department shall schedule a hearing on the merits before a hearings officer. A notice of hearing shall be sent by registered mail to the applicant, licensee, or permittee and such hearing shall be scheduled no later than 10 days from the date of the notice. The applicant, licensee, or permittee shall be afforded an opportunity to respond to the claims made by the department. The formal rules of evidence shall not apply in such hearings.
(b) If by a preponderance of the evidence, the department finds that the applicant, licensee, or permittee has violated any provision of RSA 170-E:12, the department shall issue a written statement of findings detailing the specific violations found:
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] hearings officer 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] The commissioner may affirm, deny, or modify the decision of the [department] hearings officer and may impose an appropriate remedy which may include revocation, suspension, denial, or refusal to grant or renew a license or permit and any administrative fine deemed appropriate under the circumstances pursuant to RSA 170-E:21-a. The commissioner shall adopt rules, pursuant to RSA 541-A, relative to procedures for the appeal process provided under this paragraph.
2 Child Day Care; Appeals to the Superior Court Amended. Amend RSA 170-E:14 to read as follows:
170-E:14 Appeal. Any person aggrieved by any decision rendered after a [rehearing held] hearing, rehearing, or an appeal brought under RSA 170-E:13[, IV] may appeal the decision to the superior court for a de novo review of the matter.
3 Effective Date. This act shall take effect January 1, 2001.
LBAO
00-2530
12/14/99
HB 1443-FN - FISCAL NOTE
AN ACT requiring a hearing prior to issuance of statement of findings on the suspension, revocation, or denial of a daycare provider's license.
FISCAL IMPACT:
The Department of Health and Human Services indicates this bill will increase state general fund expenditures by $208,160 in FY 2001 and by $338,515 in FY 2002 and each year thereafter. There will be no fiscal impact on state, county and local revenue or county and local expenditures.
METHODOLOGY:
The Department issued 425 Statements of Findings in calendar year 1998. These disputes are currently settled through "Informal Dispute Resolution". The Department states that under this bill, these disputes will require a hearing. The Department indicated the cost of operating a hearings process and the additional staff required in childcare licensing to be $338,515 per year. With an effective date of January 1, 2001, the costs for fiscal year 2001 include expenditures for one-half year, plus furniture and equipment.
Description FY 2001 FY 2002 FY 2003
Personnel: Attorney, 2 Licensing Specialists,
2 Hearings Officers and 2 Secretaries $117,234 $234,465 $234,465
Benefits 36,343 72,685 72,685
Current Expenses 9,225 18,450 18,450
Equipment 38,900 0 0
Rent 6,458 12,915 12,915
Total $208,160 $338,515 $338,515