§ 30-2-5. Inspection of facilities; revocation of permit for noncompliance.  


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  • 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.)