NAC424.185. Denial, suspension or revocation of license: Generally.

     1. The licensing authority shall deny, suspend or revoke a license to operate a foster home for a failure or refusal to comply with the licensing requirements for a foster home. The licensing authority shall evaluate that compliance based on information gathered as well as on its interpretation of that information considering its experience with foster children and foster homes. The first responsibility of the licensing authority is to ensure licensed foster homes can provide for foster children. The licensing authority is not required to prove noncompliance in those areas which are a matter of judgment but may deny, suspend or revoke licensure based on reasonable doubt.

     2. The decision of the licensing authority to deny an initial application may be subject to review by the Administrator or the designee of the Administrator. However, such denials are not subject to the appeal process. Foster home licensure occurs at the discretion of the licensing authority and is not a right.

     3. In the case of multiple foster homes or locations, the denial, suspension or revocation of a license for one foster home may not affect the licensure of other foster homes, if the reason for denial, suspension or revocation is not based on the failure of the program to meet group foster home standards.

     4. Whenever initial licensing or relicensing is denied, a licensing authority representative will discuss the reasons for denial with the applicants followed by a written statement giving the reasons for denial.

     [Welfare Div., Req. for Foster Care part § 103.3, eff. 10-7-88]—(NAC A by Div. of Child & Fam. Services, 8-27-92; R066-99, 11-8-99; R044-02, 7-23-2002)