With the consent of the owner, operator, or agent in charge of the facility, or pursuant
to a duly issued inspection warrant, the Director of Health shall have the right at
all reasonable times to inspect the facilities of any private school, nursery school
or child care center for compliance with this Article. Warrants to inspect any such
facility shall be based upon a demonstration of probable cause and supported by affidavit.
The Director of Health may deny or suspend a permit issued under this Article for
any violation of this Article that is an immediate health or safety hazard to the
children or staff. The Director of Health may deny a permit application or suspend,
revoke, or deny renewal of any permit issued for any private school, nursery school,
or child care center which is found to be in violation of this Article.
Prior to such denial of a permit application or suspension, revocation, or denial
of an application to renew a permit, unless in the judgment of the Director of Health
there are exigent health and safety conditions which justify immediate suspension
of a permit, the Director of Health shall provide the owner or operator of the school,
center, or other facility with at least ten calendar days' written notice of the proposed
denial of a permit application or suspension, revocation or denial of renewal of a
permit. In the case of exigent health and safety conditions which in the judgment
of the Director of Health justify the immediate suspension of the permit, the Director
of Health shall suspend the permit forthwith and notify the owner or operator of the
school, center, or other facility as soon as is practicable.
Any owner or operator who receives such notice of proposed denial of a permit application
or suspension, revocation, or denial of renewal of a permit may submit a written request
to the Director of Health for a hearing on the matter. Any owner or operator whose
permit has been suspended on the basis of exigent health and safety conditions may
submit a written request to the Director of Health for a hearing to reconsider such
action within ten calendar days of the receipt of the notice of the suspension. In
addition, regardless of whether the owner or operator has requested the Director of
Health for a hearing to reconsider a suspension based on exigent circumstances, if
the Director of Health elects to revoke a suspended permit, the Director of Health
shall issue a notice of proposed revocation to the owner or operator of the school,
center, or facility at least ten calendar days prior to the proposed revocation. (22-89-30;
4-01-30.)