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RAINBOW PRESCHOOL vs DEPARTMENT OF CHILDREN AND FAMILY SERVICES, 02-003366 (2002)

Court: Division of Administrative Hearings, Florida Number: 02-003366 Visitors: 10
Petitioner: RAINBOW PRESCHOOL
Respondent: DEPARTMENT OF CHILDREN AND FAMILY SERVICES
Judges: WILLIAM R. CAVE
Agency: Department of Children and Family Services
Locations: Dade City, Florida
Filed: Aug. 23, 2002
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, October 18, 2002.

Latest Update: May 23, 2024
STATE OF FLORIDA P8di ig, DEPARTMENT OF CHILDREN AND FAMILIES Department of Children and Families DCCO Docket No/B2:4§ 2) | oe SunCoast Rediért/! fog g FE Pasco County Petitioner VS George & Leela Varghese, Owners Rainbow Preschool co9 Respondents ADMINISTRATIVE COMPLAINT YOU ARE HEREBY NOTIFIED that after twenty-one (21) days from receipt of this complaint, the Department intends to impose a civil penalty in the amount of Two Hundred Dollars ($200.00) upon Rainbow Preschool. As grounds for imposition of this penaity, the Department alleges as follows: (1) The Department of Children and Farnilies, State of Florida has jurisdiction over Respondent by virtue of the provisions of Chapter 402, Florida Statutes. 2) Respondent, Rainbow Preschool, 5006 5" Street, Zephyrhills, Florida 33540, is licensed to operate a child care facility in compliance with Chapter 402, Florida Statutes, and Chapter 65C-22, F.A.C. (3) The Respondent has violated the provisions of Chapter 402, Florida Statutes and Chapter 65C-22, F.A.C., in that a deficiency was cited at the Rainbow Preschool as follows: ATTA CHaen7T LL a, On May 29, 2002, during a licensing inspection, the licensing counselor witnessed a staff member snatch a child by the arm and jerk her from under a table. This is a violation of Section 402.305(12)(a), Child Discipline, Florida Statutes, and Section 65C-22.001(8)(b,c), Child Discipline, Florida Administrative Code. A civil penalty of Two Hundred Dollars ($200.00) is being imposed {4) Notice was provided in writing to Respondent of the above violations. (8) The fine may be paid to the Department of Children and Families, SunCoast Regional Legal Counsel, (Attention: Raymond R. Deckert), 9393 North Florida Avenue, Room 905, Tampa, Florida 33612 (Telephone (813) 558-5513). Checks or money orders should be made payable to "The Department of Children and Families, SunCoast Region". (6) Respondent is notified of the right to an administrative formal or informal hearing pursuant to Section 120.57, Florida Statutes; to be represented by counsel (at their expense); to take testimony, to call or cross examine witnesses or to have Subpoena duces tecum issued, and to Present written evidence or argument if she requests a hearing. Chapter 28-106, Florida Administrative Code constitutes the Department's Procedural rules for administrative proceedings under Section 120.57 (1), Florida Statutes. Any request for an administrative hearing must conform to the requirements in Rule 28-106.201, Florida Administrative Code and must state which issues of material fact you dispute. Failure to dispute material issues of fact in your request for a hearing may. he frantad. hws the..Danartmant.ac.on_alaction..b vous an. infarmal neanaacinn. under Section 120.57 (2). Florida Statutes. tn a formal hearing, the hearing officer is from the Division of Administrative Hearings. tn an informal hearing, the hearing officer is one of the Department's employees, usually an attorney within the Department. All requests for hearings shall be made to the Department of Children and Families, SunCoast Regional Legal Counsel, 9393 North Florida Avenue, Room 905, Tampa, Florida 33612. (7) RESPONDENT IS FURTHER NOTIFIED THAT FAILURE TO REQUEST A HEARING WITHIN TWENTY-ONE (21) DAYS OF RECEIPT OF THIS COMPLAINT WILL RESULT IN AN ADMISSION OF FACTS ALLEGED IN THE COMPLAINT; WAIVER OF YOUR RIGHT TO A HEARING, AND THE ENTRY OF A FINAL ORDER BY THE DEPARTMENT. A REQUEST FOR A HEARING MUST BE RECEIVED BY THE DEPARTMENT WITHIN 21 DAYS FROM RECEIPT, NOT COUNTING THE DAY OF RECEIPT. eputy Regional Director for Operations STATE OF FLORIDA COUNTY OF Hillsborove h. The foregoing instrument was acknowledged before me this_§ day of T% Ly , 2002 by_ Rone/d (1. Zychouws ke whois per: Signature om Adriana Garcia Adriana Garcia 5G alee seid Terme, UORES Notary Public HART ——BONOKD THRU TROT FAWN RRLILANCE, tC. cc: SunCoast Regional Lega! Office

Docket for Case No: 02-003366
Source:  Florida - Division of Administrative Hearings

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