HAR §17-800-5. center-based provider shall be removed from the department's listing as of the termination of the ten working day period

(e) The exempt center-based provider shall be immediately removed from being on the department's listing pending the completion of an investigation of a complaint allegation that the exempt center-based provider may pose a risk to the children in care, for conditions that include but are not limited to the following: (1) Fails to terminate the employee, substitute, volunteer, or new employee who has a child abuse or neglect, adult abuse, criminal, or background check history and is determined to be not suitable to provide care in accordance with chapter 17-801; (2) Fails to exclude the employee, substitute, volunteer, or new employee who is the subject of an ongoing or pending criminal, child welfare, or department investigation in accordance with chapter 17-801; (3) Does not provide or require an employee, substitute, volunteer, or new employee to consent to conduct background checks in accordance with chapter 17-801; (4) Does not complete or require an employee, substitute, volunteer, or new employee to complete the health and safety trainings specified in section 17-800-10(b)(4); or (5) Allows conditions to exist which constitute an imminent danger to the health, welfare, or safety of the children. These risks include but are not limited to the existence of a health hazard on the premises, unsafe facility conditions that cannot be immediately abated, or refusal to terminate an employee as specified in section 17-801-6. (f) Upon immediate removal from the department's listing pursuant to subsection (e), the department shall: 800-10 3412 §17-800-5 (1) Provide the exempt center-based provider written notice of the determination by personal service or by certified or registered mail addressed to the provider's last known address; (2) Provide a statement of the reasons for the removal from the department's listing in the notice and inform the exempt center-based provider of the right to petition the department to reconsider the determination within ten working days after mailing of the notice; (3) Give the exempt center-based provider reasonable notice upon receiving a written petition; and (4) Provide an opportunity for a prompt administrative appeal before a hearing officer with respect to the order of removal from the department's listing. On the basis of the evidence adduced at the hearing, the hearing officer shall make the final decision of the department as to whether the order of removal shall be affirmed or reversed. (g) Filing of a request for an administrative appeal does not permit the applicant or listed provider to continue to be on the department's listing of exempt center-based providers authorized to care for a child whose family is authorized to receive child care payments under chapters 17-798.3 and 17-799. (h) An applicant who was removed from the listing pursuant to this section, shall be unable to apply to be on the department's listing for: (1) A ninety-day period from the date that the exempt center-based provider was removed from the department's listing if the removal was their first offense; and (2) One year from the date that the exempt center-based provider was removed from the department's listing if the removal was their second offense. 800-11 3412