[§346-175]  Visitation and inspection of
family child care home; revocation of registration.  (a)  The department
shall visit and inspect the premises and operation of a family child care home
to determine compliance with the minimum requirements established under section
346-172:



(1)  At least once in each calendar year; and



(2)  Upon receipt of a complaint that the premises or
operation of the home is in violation of the minimum requirements established
under section 346-172.



(b)  If the visitation and inspection reveal
that the premises or operation of the home is in violation of a minimum
requirement, the department shall immediately suspend or revoke the
registration.  Upon suspension or revocation, the home shall no longer be a
registered family child care home and the department shall notify the parents
or legal guardian of each child who is provided care in the home of the
revocation.



A person whose registration has been suspended
or revoked may appeal the suspension or revocation in accordance with chapter
91, but the appeal shall not stay the suspension or revocation.  If an appeal
is made under chapter 91, the appeal of the suspension or revocation, and not
the suspension or revocation itself, shall be deemed the contested case.



The department shall suspend the registration
if the violation of the minimum requirement is the first violation of the
provider and the violation does not warrant a revocation of the registration. 
The department shall revoke the registration if the provider has violated any
minimum requirement or requirements to such an extent or of a nature that the
provider is unfit to be trusted with the care of children or operation of a
family child care home or if the provider has had the provider's registration
suspended at least once previously.



(c)  The department may reinstate a suspended
registration or restore a revoked registration if it deems that the person is
willing and able to comply with the rules adopted under section 346-172.  A
suspended registration may be reinstated upon the department's satisfaction
that the violation has been or will be corrected.  A revoked registration shall
be restored only after new application is made and reviewed under this subpart.
[L 1985, c 208, pt of §2]