R986-700-743. CCQS Rating Administrative Review

  (1) A child care program may request a review of a certified quality rating following the process established by OCC policy.

  (2) A review request shall be submitted within 30 calendar days of the date of the certified rating award notice except where there is good cause for failing to request a review within this timeframe.

  (a) Good cause for failing to timely request review is limited to circumstances that are:

  (i) beyond the party's control, or;

  (ii) compelling and reasonable.

  (b) Good cause excludes ordinary illness, lack of transportation and temporary absences.

  (3) Quality Rating Pending Review. The certified quality rating issued in the quality rating award notice shall be published by OCC and remain published until the review is complete. Issuance of an ESG shall be temporarily suspended until the review is complete.

  (4) OCC Review. All requests for review submitted to OCC shall be subject to an OCC review. Upon final determination of the OCC review, a notice of determination shall be sent to the program.

  (5) If a program does not agree with the OCC review determination, the program may request a review by the Certified Quality Rating Review Committee.

  (a) A review request shall be submitted within 30 calendar days of the date of the OCC review determination, except where there is good cause for failing to request a review within this timeframe pursuant to R994-700-742(2).

  (b) A review by the Review Committee is an informal adjudicative proceeding under the Utah Administrative Procedures Act.

  (c) A review may:

  (i) include an OCC staff member to present the conclusions of the OCC review;

  (ii) provide an opportunity for the program to present their reasons and evidence for the review request; and

  (iii) include witnesses or legal representatives, as applicable; and

  (iv) a request for any additional documentation relevant to the review, from either OCC or the program.

  (d) Failure by the program to respond to any request by the Review Committee shall result in a dismissal of the review request.

  (e) The Review Committee will issue a recommendation to the Department of Workforce Services Director of Adjudication once the review process is complete.

  (6) The Director of Adjudication will make a final certified quality rating decision based upon the recommendation of the Review Committee. The Director of Adjudication decision is the final agency action pursuant to the Utah Administrative Procedures Act.