Supervisory Review

Section 383.55  Supervisory Review a)         A supervisory review shall be offered upon request of the licensee or holder of a permit when there is a question related to the rationale for substantiating a violation and/or for any subsequent action related to the substantiated violation. b)         A supervisory review shall occur at the earliest date all required parties can participate, but no more than 30 days from the date the request was received. c)         A supervisory review shall not be conducted to review a criminal conviction that constitutes a bar to licensure pursuant to Section 4.2(b) of the Child Care Act. d)         A supervisory review shall not be offered when the Department is in the process of issuing or has issued an administrative order of closure. e)         The licensing supervisor shall consider all information received to make a determination to uphold a substantiated violation, modify plans to correct the substantiated violation, or overturn a violation as unsubstantiated, after the supervisory review has occurred.  The determination will be based on the following criteria: 1)         whether the licensing representative obtained or documented sufficient evidence to substantiate the violation; 2)         whether the licensing representative correctly interpreted and/or applied the Child Care Act or licensing standards in substantiating the violation. f)         The licensing supervisor shall prepare a written report summarizing the information presented at the supervisory review and make findings regarding each disputed substantiated violation.  The report shall be provided to the licensee or permit holder by hand delivery or certified mail.