Document neither mentioned nor produced until approximately one week before hearing entitled to no evidentiary weight.
Docket Number: 1440876 , Decision Date: August 26, 2014
Attachment: Click here to download the decision.
Petitioner is licensed by Respondent to operate a childcare learning center. During a site visit, Respondent discovered that Petitioner had not recorded the necessary second check of one of the vehicles after it was used to transport children, and commenced disciplinary action. One week before the hearing on Petitioner’s appeal, Petitioner provided a document purportedly showing that a second check had been performed. The Court concluded that this evidence was not credible because, despite numerous opportunities for Petitioner to present or mention the document to Respondent, it had failed to do so. As a result, the document was afforded no evidentiary weight and the disciplinary action was affirmed.