(A) A registrant whose statement of registration has been withdrawn by the department or whose application for a statement or renewal of registration has been denied by the department must be given written notice of the withdrawal or denial by certified or registered mail. The notice must contain the reasons for the proposed action and must inform the registrant of the right to appeal the decision to the director or his designee in writing within thirty calendar days after the receipt of the notice. Upon receiving a written appeal, the director or his designee shall give the registrant reasonable notice and an opportunity for a prompt hearing before the director or his designee. On the basis of the evidence adduced at the hearing, the director or his designee shall make the final decision of the department as to whether the department shall withdraw the statement of registration or deny the application for a statement or renewal of registration, as applicable. If no written appeal is made, the department shall withdraw a statement of registration or deny the application for a statement or renewal of registration as of the termination of the thirty-day period.
(B) At the hearing provided for in this section, the registrant may be represented by counsel, and has the right to call, examine, and cross-examine witnesses, and to otherwise introduce evidence. Parents appearing at the hearing may also be represented by counsel. The director is empowered to require the presence of witnesses and evidence by subpoena on behalf of the appellant or department. The final decision of the department must be in writing, must contain the department's findings of fact and rulings of law and must be mailed to the parties to the proceedings by certified or registered mail. A full and complete record must be kept of all proceedings, and all testimony must be reported and need not be transcribed unless the decision is appealed, or a transcript is requested by an interested party. Upon an appeal, the department shall furnish to any appellate, free of charge, a certified copy of the transcript of all evidentiary proceedings before it. Other parties shall pay the cost of transcripts.
(C) The decision of the department is final unless appealed by a party pursuant to the Administrative Procedures Act.
HISTORY: 2008 Act No. 361, Section 2; 2016 Act No. 263 (H.4262), Section 4, eff June 9, 2016.
Effect of Amendment
2016 Act No. 263, Section 4, amended (A), including appeals of decisions to deny an application for a statement or renewal of registration.
Structure South Carolina Code of Laws
Title 63 - South Carolina Children's Code
Chapter 13 - Childcare Facilities
Section 63-13-20. Definitions.
Section 63-13-30. Caregiver requirements.
Section 63-13-40. Background checks for employment.
Section 63-13-50. Fingerprint exemptions.
Section 63-13-60. Criminal history review fee.
Section 63-13-70. Register required.
Section 63-13-80. Investigations and inspections.
Section 63-13-100. Provisional licensure, approval, and registration.
Section 63-13-110. First aid and CPR certificates.
Section 63-13-120. Training on domestic violence.
Section 63-13-130. Consultation.
Section 63-13-140. Compliance review.
Section 63-13-150. Violation citations.
Section 63-13-160. Injunctions.
Section 63-13-180. Regulations and suggested standards.
Section 63-13-185. Childcare facility medication administration to children.
Section 63-13-190. Fingerprint reviews of Department of Social Services personnel.
Section 63-13-200. Unlawful offenses near childcare facilities.
Section 63-13-210. Notice to parents that childcare business does not carry liability insurance.
Section 63-13-410. Licensure required for private centers and group homes.
Section 63-13-420. Licensure requirements.
Section 63-13-430. License renewal.
Section 63-13-440. Display of license.
Section 63-13-450. Deficiency correction notices.
Section 63-13-460. License denial; nonrenewal; notice; hearings; appeals.
Section 63-13-610. Approval required for public centers and group homes.
Section 63-13-620. Statement of approval requirements.
Section 63-13-630. Approval renewal.
Section 63-13-640. Deficiency correction notices.
Section 63-13-650. Review meeting.
Section 63-13-810. Registration required for family childcare homes.
Section 63-13-820. Registration requirements.
Section 63-13-825. Training for daycare operators and workers.
Section 63-13-830. Statement of registration.
Section 63-13-840. Inspections of family childcare homes.
Section 63-13-860. Consultation.
Section 63-13-1010. Registration required for church and religious centers.
Section 63-13-1020. Registration and inspections.
Section 63-13-1030. Statement of registration.
Section 63-13-1040. Department of Social Services curriculum restrictions.
Section 63-13-1050. Deficiency correction notices.
Section 63-13-1060. Injunctions.
Section 63-13-1080. Penalties.
Section 63-13-1110. Sex offender employment prohibitions.
Section 63-13-1210. State advisory committee established.
Section 63-13-1220. Committee duties.