An Act To Create an Appeals Process for Child Care Providers
Sec. 1. 5 MRSA §12004-G, sub-§14-I is enacted to read:
| Human Services | Child Care Appeal Review Panel | Expenses Only | 22 MRSA §8359 |
Sec. 2. 22 MRSA c. 1674-A is enacted to read:
CHAPTER 1674-A
CHILD CARE APPEAL REVIEW PANEL
§ 8359. Child Care Appeal Review Panel
The Child Care Appeal Review Panel, established by Title 5, section 12004-G, subsection 14-I, referred to in this chapter as "the review panel," shall review disputes between a child care facility, a family child care provider or a nursery school, as those terms are defined in section 8301-A, and collectively referred to in this chapter as "the facility," and the department relating to compliance with licensing or certification, complaints and disputes but not investigations of out-of-home child abuse and neglect.
The director of the division of licensing and regulatory services or the director's designee shall chair the review panel and act as a nonvoting member.
Sec. 3. Staggered terms of Child Care Appeal Review Panel. Notwithstanding the Maine Revised Statutes, Title 22, section 8359, subsection 3, of the 10 members first appointed by the Governor to the Child Care Appeal Review Panel pursuant to Title 22, section 8359, subsection 3, the Governor shall designate one member whose term is one year, one member whose term is 2 years, one member whose term is 3 years and one member whose term is 4 years. The balance of members serve for 5 years.
SUMMARY
This bill establishes the Child Care Appeal Review Panel to review disputes related to the licensing and certification of child care facilities, family child care providers and nursery schools, including revocations, suspensions, denials, demotions to conditional status, rule compliance issues and denials of requests for alternative compliance methods but not including child abuse and neglect investigations. The review panel members are appointed by the Governor for 5-year terms. The director of the division of licensing and regulatory services within the Department of Health and Human Services is the chair of the panel but does not vote. The Office of the Attorney General provides legal counsel. The department and facility are required to abide by decisions made by the review panel.