Section R9-5-210. Denial, Revocation, or Suspension of License

A.      The Department may deny, revoke, or suspend a license to operate a facility if an applicant or licensee:

1.        Provides false or misleading information to the Depart- ment;

2.        Has been denied a certificate or license to operate a child care group home or child care facility in any state, unless the denial was based on the applicant’s failure to com- plete the certification or licensing process according to a required time-frame;

3.        Has had a certificate or license to operate a child care group home or child care facility revoked or suspended in any state;

4.        Has been denied a fingerprint clearance card or has had a fingerprint clearance card revoked under A.R.S. Title 41, Chapter 12, Article 3.1;

5.        Fails  to  substantially   comply  with  any  provision   in

A.R.S. Title 36, Chapter 7.1, Article 1 or this Chapter; or

6.        Substantially complies with A.R.S. Title 36, Chapter 7.1, Article 1 and this Chapter, but refuses to carry out a plan acceptable to the Department to eliminate any deficien- cies.

B.       In determining whether to deny, suspend, or revoke a license, the Department shall consider the threat to the health and safety of children in a facility based on such factors as:

1.        Repeated violations of statutes or rules,

2.        A pattern of non-compliance,

3.        The type of violation,

4.        The severity of each violation, and

5.        The number of violations.

Historical Note

Adopted effective December 12, 1986 (Supp. 86-6). Amended subsection (A) effective July 7, 1988 (Supp. 88-3). Repealed effective October 17, 1997 (Supp. 97-4). New Section made by exempt rulemaking at 15 A.A.R. 2096, effective January 1, 2010 (Supp. 09-4). Former R9- 5-210 renumbered to R9-5-206; new R9-5-210 renum- bered from R9-5-209 and amended by exempt rulemak- ing at 16 A.A.R. 1564, effective September 30, 2010

(Supp. 10-3).