Temporary Suspension Orders & Child Care Centers
A temporary suspension order (TSO) is served upon child care centers when C.C.L.D. believes that a serious health or safety hazard exists warranting immediate closure of the facility. The effect of a Temporary Suspension Order upon a child care center is the cessation of operations upon the effective date. In other words, a temporary suspension order effectively closes a child care center on the effective date of the order.
If you own a child care center and have been served with a temporary suspension order you can appeal the revocation of your license. The child care center defense attorneys at Sacramento Law Group can file a Notice of Defense and represent you at the hearing in which an Administrative Law Judge will issue a proposed decision which will determine the fate or your license to operate a child care center.
If you have been served with a temporary suspension order call Sacramento Law Group at (916) 596-1018.
Why Did You Receive A Temporary Suspension Order?
A temporary suspension order can arise in the course of a license revocation action. Many license revocation actions do not require the service of a temporary suspension order. In a straight revocation action the licensee is served with an Accusation seeking the revocation of their license. Should the licensee appeal the administrative action they can continue to operate pending the outcome of the scheduled Administrative Hearing. However, if licensing believes there is a risk to the health and safety of clients that warrants the immediate cessation of operations they will prepare and serve a temporary suspension order, effectively closing the child care center or facility on the effective date.
How Can You Fight the Temporary Suspension Order?
The temporary suspension order is served in conjunction with a license revocation action. Consequently, you will “fight” the administrative action to revoke your license to operate a child care center rather than the TSO itself. Accordingly, your attorney will file a Notice of Defense before the applicable deadline. Once filed, a hearing will be scheduled in which an Administrative Law Judge will decide whether your license should be revoked or retained. Cases in which a temporary suspension order are issued are unique in that the administrative hearing takes place much sooner than in a straight revocation action; after all, licensees suffering the closure of their facility from a TSO should receive a prompt decision. Therefore, if you have received a TSO and file a notice of defense your hearing will be much sooner than if you had not been served with a TSO. However, this expedited hearing date will give you (or your attorney) less time to prepare.
If you own a child care center and have been served with a Temporary Suspension Order call our license defense attorney for a free phone consultation.