A childcare provider, employee, volunteer, and/or resident/visitor's license may be denied, suspended, or revoked by city staff for violations of this chapter.
A. Denial By City Staff: City staff shall deny a license upon a finding that the applicant does not meet the requirements of this chapter. If the city staff denies a license, the applicant(s) may request, in writing, a hearing before the city council to appeal the denial. Written notice of the time and place of the hearing shall be provided to the applicant, which time shall be no more than twenty one (21) days after receipt of the request. If the applicant is able to show proof at the hearing that he/she then meets all the qualifications and has none of the disqualifications, the license may then be granted. If the denial of the license is upheld by the city council, the licensee may not reapply for a license under this chapter for one year from the first date of denial.
B. Suspension By City Staff: City staff shall suspend a license upon a finding that the licensee does not meet the requirements of this chapter. If city staff suspends a license, the licensee may request in writing a hearing before the city council to appeal the suspension. Written notice of the time and place of the hearing shall be provided to the licensee, which time shall be no more than twenty one (21) days after receipt of the request. If the licensee is able to show proof at the hearing that he/she meets the requirements for licensure and/or has remedied the cause that led to the suspension and has none of the disqualifications for licensure, the license may then be reinstated. In the event the city staff suspends a license and the licensee does not request a hearing before the city council within sixty (60) days of the written notice of suspension, then the license shall be deemed revoked and the licensee may not reapply for a license under this chapter for one year from the date of the suspension.
C. Revocation By City Staff: City staff may revoke a license upon a finding that the licensee does not meet the requirements of this chapter. If city staff revokes a license, the licensee may request in writing a hearing before the city council to appeal the revocation. Written notice of the time and place of the hearing shall be provided to the licensee, which time shall be no more than twenty one (21) days after receipt of the request. If the licensee is able to show proof at the hearing that he/she meets the requirements for licensure and/or has remedied the cause that led to the revocation and has none of the disqualifications for licensure, the license may then be reinstated. In the event the city staff revokes a license and the licensee does not request a hearing before the city council within sixty (60) days of the written notice of revocation, then the license shall be deemed revoked and the licensee may not reapply for a license under this chapter for one year from the date of the revocation.
D. Judicial Review: A person aggrieved by the decision of the city council may seek judicial review in the 6th judicial district court, state of Idaho, in and for the county of Bannock. The petition for judicial review shall be filed within twenty eight (28) days of the council's decision and the issues to be presented shall be limited to the evidence presented to the city council. The district court shall preside in its appellate capacity. (Ord. 2951, 2015)