The Department of Transportation correctly denied Petitioner’s application for an outdoor advertising permit. The outdoor advertisement would have shared the property with a residential apartment complex. While the property may have been zoned for commercial activity, the apartment complex had been grandfathered in. Permits may only be issued for property which is both zoned and […]
The Healthcare Facility Regulation Division of the Department of Community Health (DCH) correctly fined a personal care home (PCH) for three rule violations posing serious threats to one or more residents. First, the PCH had an exterior door that required a key to open from the inside. Second, the PCH administered medications via a tube
Petitioner who pled guilty to felony aggravated assault and misdemeanor battery may not operate a day care home, because the incident involved physical harm to the victim and showed a propensity for cruel behavior.
Felony involving physical harm precludes operation of a family day care home. Read More
The Department of Early Care and Learning (DECAL) was not authorized to impose a twelve-month transportation restriction on a child care center’s license after a bus driver left children on a bus in a parking lot with the engine off and keys in the ignition for one minute; however, it was permitted to fine the
Transportation suspension is not necessary for the protection of the public. Read More
The Department of Early Care and Learning (DECAL) was not authorized to fine a child care facility for a single violation of a transportation rule, where facility’s employees simply failed to sign the passenger checklist, although they did conduct a physical check of the vehicle. A fine would only be authorized if the conduct either
Child care facility’s transportation violation did not qualify as reckless conduct. Read More
Petitioner’s child support arrearage repayment rate was not impacted by his voluntary support payments for his other children in the absence of a formal child support order for them.
Voluntary payments do not reduce child support arrearage payment rate. Read More
