Sec. 9. (a) The division shall deny a license when an applicant fails to meet the requirements for a license.
(b) The division shall provide the applicant with written notice, sent by electronic mail to the electronic mail address provided by the applicant in the application, that the application has been denied. The division shall include in the notice the reasons for the denial and a request that the applicant confirm receipt of the notice by electronic mail sent to an electronic mail address specified in the notice. If the applicant does not confirm receipt of the notice by electronic mail not later than three (3) working days after the division sends the notice, the division shall provide the notice to the applicant by certified mail or personal service.
(c) An administrative hearing concerning the denial of a license shall be provided upon written request by the applicant. The request must be made within thirty (30) calendar days after:
(1) the applicant confirms receipt of the notice sent by electronic mail under subsection (b); or
(2) the division:
(A) mails the notice to the applicant; or
(B) provides the notice to the applicant by personal service;
under subsection (b).
(d) The administrative hearing shall be held within sixty (60) calendar days after receiving the written request.
(e) The administrative hearing shall be held in accordance with IC 4-21.5-3.
(f) The division shall issue a decision within sixty (60) calendar days after the conclusion of the hearing.
As added by P.L.1-1993, SEC.141. Amended by P.L.183-2021, SEC.7.
Structure Indiana Code
Article 17.2. Day Care Regulation
Chapter 5. Regulation of Child Care Homes
12-17.2-5-0.1. Application of Certain Amendments to Chapter
12-17.2-5-1. Operation of Home Without Proper Licensure; Prohibition
12-17.2-5-2. Consultation With Fire Prevention and Building Safety Commission
12-17.2-5-3. Applying for Licenses; National Criminal History Background Check
12-17.2-5-3.1. Maintenance of Electronic Mail Address
12-17.2-5-3.3. Meet Certain Requirements by July 1, 2014
12-17.2-5-3.7. Safe Sleeping Practices; Violations; Penalties
12-17.2-5-4. Grounds for Denial of License Applications
12-17.2-5-5. Incomplete Applications
12-17.2-5-6. Investigation of Applicants
12-17.2-5-6.3. Class I Child Care Home
12-17.2-5-6.5. Qualification for Licensure of Class Ii Child Care Home
12-17.2-5-7. Issuance of Licenses
12-17.2-5-8. Eligibility for Waivers and Variances
12-17.2-5-9. Denial of Licenses
12-17.2-5-11. Investigation of Unlicensed Premises
12-17.2-5-12. Expiration, Transferability, Display, and Renewal of Licenses; Other Information
12-17.2-5-13. Provisional Licenses
12-17.2-5-14. Probationary Licenses
12-17.2-5-16. Cooperation by Licensees
12-17.2-5-17. Unscheduled Visits by Parents and Guardians
12-17.2-5-17.5. Supervision of Children
12-17.2-5-18.2. Certifications Required
12-17.2-5-18.6. Duties of Child Care Home Regarding Missing Child Reports
12-17.2-5-18.7. Violations Posing Immediate Threat to Life or Well-Being of Child; Orders
12-17.2-5-19. Notice of Enforcement Actions; Informal Meetings
12-17.2-5-20. Administrative Hearings
12-17.2-5-21. Procedure for Administrative Hearings
12-17.2-5-22. Issuance of Decisions
12-17.2-5-23. Cessation of Operations Upon Suspension of License
12-17.2-5-24. Reinstatement of Suspended Licenses
12-17.2-5-25. Actions of Division Following Suspensions of Licenses
12-17.2-5-26. Cessation of Operations Upon Revocation of License
12-17.2-5-27. Notice of License Revocation or Suspension
12-17.2-5-30. Expiration of Injunctions for Operation Without a License
12-17.2-5-31. Expiration of Injunctions for Creation of Imminent Danger
12-17.2-5-32. Grounds for Revocation of Licenses
12-17.2-5-33. Disciplinary Sanctions
12-17.2-5-34. Civil Penalty for Violation of Article
12-17.2-5-35. Violations of Chapter
12-17.2-5-36. Prohibition of Care Home Classification for E Building Occupancy
12-17.2-5-37. Investigation of Abuse or Neglect; Child Care Home