[§346-175]  Visitation and inspection offamily child care home; revocation of registration.  (a)  The departmentshall visit and inspect the premises and operation of a family child care hometo determine compliance with the minimum requirements established under section346-172:

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

(2)  Upon receipt of a complaint that the premises oroperation of the home is in violation of the minimum requirements establishedunder section 346-172.

(b)  If the visitation and inspection revealthat the premises or operation of the home is in violation of a minimumrequirement, the department shall immediately suspend or revoke theregistration.  Upon suspension or revocation, the home shall no longer be aregistered family child care home and the department shall notify the parentsor legal guardian of each child who is provided care in the home of therevocation.

A person whose registration has been suspendedor revoked may appeal the suspension or revocation in accordance with chapter91, but the appeal shall not stay the suspension or revocation.  If an appealis made under chapter 91, the appeal of the suspension or revocation, and notthe suspension or revocation itself, shall be deemed the contested case.

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

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