Section 17-801-6 - Notification to the person, child care facility, and exempt child care facility(a) The department shall provide written notice to a person determined by the department to be not suitable under paragraph 8 or excluded from the premises pursuant to paragraph 8(e). The written notification shall state the reason for the department's determination.(b) The department shall request in writing that a provider terminate employment or residence of any person not suitable pursuant to this chapter. (1) The request shall be in writing and shall state the reason for the department's determination that the person is not suitable to provide child care;(2) When an applicant, registrant, licensee, or provider does not terminate employment or residence as requested by the department, the applicant, registrant, licensee, or provider shall notify the department in writing no later than seven working days after receipt of the request and shall state the reasons for the decision; and(3) A license, registration, application, or listing may be denied, suspended, or revoked if the person's employment or residence is not terminated.(c) In instances described in section 17-801-5(e), the department shall request in writing that a provider exclude the person from the premises until the department has completed a determination whether the person is suitable to provide care pursuant to this chapter. (1) The request shall be in writing and shall state the reason for the person's exclusion from the premises;(2) When an applicant, registrant, licensee, or provider does not exclude the person from the premises as requested by the department, the applicant, registrant, licensee, or provider shall notify the department in writing within seven working days after receipt of the request and shall state the reasons for the decision; and(3) A license, registration, application, or listing may be denied, suspended, or revoked if the person is not excluded from the premises.(d) A person who is determined not suitable to provide care under this chapter may contest the results of background checks as follows:(1) The person requests an informal review by the department for the limited purpose of contesting the accuracy or completeness of the information contained in the person's records that formed the basis for the decision: (A) The person shall provide a written statement to the department specifying the information and the reason why the person believes the background check information is inaccurate or incomplete;(B) The department shall attempt to verify the accuracy of the information challenged by the person, including making an effort to locate any missing disposition information related to the disqualifying record: (i) If the department locates any missing or corrected information, the department shall review the new or corrected information and issue a written notice to the person with the suitability determination by the department; or(ii) If the department cannot locate any missing or corrected information, the department shall issue a written notice that indicates the department's efforts to verify the accuracy of the information challenged, and refer the person to the agency or program that produced or maintains the record the person believes to be inaccurate or incomplete, so that the person can have the record corrected or completed; and(C) After the person has successfully had the records corrected or completed by the agency or program that produced or maintains the record, the person may request for another background check to be completed by the department in accordance with this chapter.(2) The person shall have the right to obtain a copy of the person's criminal history records that were obtained through a fingerprint-based check under this section, according to Title 28 CFR Part 16, and for other records, the department, upon request, shall provide information to the person on how to obtain further information of the person's reports.(3) The person may file a written request for an administrative appeal to appeal the decision by the department; (A) In accordance with the provisions set forth in chapters 17-891.2, 17-892.2, 17-895.1, 17-896.1, for applicants, licensees, or registrants; or(B) In accordance with the provisions set forth in chapter 17-602.1, for all other persons not specified in subparagraph (A); provided that the filing of a request for an administrative appeal does not permit the person to continue to provide child care for children under this chapter, pending the decision of the administrative appeal hearing officer."[Eff 8/6/2021] (Auth: HRS §§ 346-14 and 346-152.5) (Imp: HRS § 346-14; 42 U.S.C. §§ 2002, 2005, 2014, 9858f)