[§346-175]  Visitation and inspection of family child care home; revocation of registration.  (a)  The department shall visit and inspect the premises and operation of a family child care home to determine compliance with the minimum requirements established under section 346-172:

     (1)  At least once in each calendar year; and

     (2)  Upon receipt of a complaint that the premises or operation of the home is in violation of the minimum requirements established under section 346-172.

     (b)  If the visitation and inspection reveal that the premises or operation of the home is in violation of a minimum requirement, the department shall immediately suspend or revoke the registration.  Upon suspension or revocation, the home shall no longer be a registered family child care home and the department shall notify the parents or legal guardian of each child who is provided care in the home of the revocation.

     A person whose registration has been suspended or revoked may appeal the suspension or revocation in accordance with chapter 91, but the appeal shall not stay the suspension or revocation.  If an appeal is made under chapter 91, the appeal of the suspension or revocation, and not the suspension or revocation itself, shall be deemed the contested case.

     The department shall suspend the registration if the violation of the minimum requirement is the first violation of the provider and the violation does not warrant a revocation of the registration.  The department shall revoke the registration if the provider has violated any minimum requirement or requirements to such an extent or of a nature that the provider is unfit to be trusted with the care of children or operation of a family child care home or if the provider has had the provider's registration suspended at least once previously.

     (c)  The department may reinstate a suspended registration or restore a revoked registration if it deems that the person is willing and able to comply with the rules adopted under section 346-172.  A suspended registration may be reinstated upon the department's satisfaction that the violation has been or will be corrected.  A revoked registration shall be restored only after new application is made and reviewed under this subpart. [L 1985, c 208, pt of §2]