HB 2013 would require the department of early learning to: (1) Contract with independent mediators that may be used by applicants or licensees who receive a denial, modification, suspension, or revocation of a license from the department; and (2) Include the following in a written notice for the denial of an application or the revocation, suspension, or modification of a license: A description of the appeal process and the option to engage in mediation. Additionally the bill requires the independent mediators to have knowledge of or experience providing licensed child care but may not have an interest in the resolution of the case or be related to a party.
Effect of the Amendments:
Removes the requirement that the Department of Early Learning contract with independent mediators to mediate adverse licensing decisions.
Requires mediation of adverse licensing decisions to be conducted by an administrative law judge as part of a prehearing conference for the purpose of mediating the case as part of an adjudicative proceeding.
Prohibits further proceedings under the Administrative Procedure Act from commencing so long as both parties are demosntrating a good faith effort to participate in mediation and until the meidator indicates in writing that the mediation process had termianted or a settlement has been reached.
Removes the requirement that mediation be complete within 28 days.
