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Policy
Manual
ADMINISTRATIVE HEARINGS
License Hearings
22-5-3
Notice of Proposed Licensing Action and
Right to a License Hearing
| Policy |
The Department shall provide written notice of its intent to
deny an application, or limit, suspend, revoke, or refuse to renew a license; and
of the right of the applicant or licensee to request a License Hearing. |
| Licensing Procedures |
DCF licensing staff shall follow established procedures when
issuing a license or determining cause to deny an application, or limit, suspend, revoke,
or refuse to renew a license, including
•giving an applicant the opportunity to withdraw the request for a license
•giving a licensee the opportunity to show compliance, when appropriate
•resolving the dispute by negotiation when appropriate.
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| Certified Notice |
When an informal settlement cannot be reached and the
applicant or licensee does not agree with the licensing decision, the Department shall
send a letter by certified mail to the applicant or licensee. The certified letter shall
•confirm previous discussion and the specific areas of question or concern
•cite specific DCF regulation or policy on which the proposed action is based
•explain the right to request a License Hearing.
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| Request for a License Hearing |
The applicant or licensee, or its attorney or authorized
representative, may request a hearing by writing a letter to the Administrative Hearings
Unit within fifteen (15) days after receipt of the certified letter. The Administrative
Hearings Unit shall
•notify the appropriate division or program director that a hearing has been
requested
•obtain specific information about the case
•identify those persons who should participate in the hearing, including
-DCF staff members involved in the licensing decision who will represent the department
at the hearing
-the attorney/advocate for the applicant or licensee
-other appropriate persons.
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| Stay of Action Pending the Hearing Decision |
When a request for a hearing is accepted, the proposed
licensing action shall be stayed pending the issuance of the hearing decision. Exception:
When emergency action is necessary for public health, or the safety or welfare of
children, summary suspension of a license may be ordered by the Commissioner and the
children removed prior to the hearing, pending proceedings for revocation or other action.
These proceedings shall be promptly instituted and determined. |
| Denial of a Request for a Hearing |
The Administrative Hearings Unit shall deny a hearing when
the hearing request
•is not made within fifteen (15) days after receipt of the certified notice
•is made after previously withdrawing the application for a license
•is withdrawn after the hearing has been scheduled and then a subsequent request
is made for another hearing on the same issue.
Reconsideration of the hearing request shall be given when it can be shown that delayed
or misrouted mail or other circumstances make denial of the request unreasonable or
unfair. |
Connecticut Department of Children and Families Issued:
March 1, 1994
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