OT 45S STATE OF FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES IN THE MATTER OF Certified Mail 7005 1160 0005 4346 9489 A Civil Penalty Against Return Receipt Requestedy ss Chappell Child Development Center APR 2 2 ena = 8400 Baycenter Road wn BR ' Jacksonville, Florida 32256 _ Pe ES = Aste OU ADMINISTRATIVE COMPLAINT “on my : YOU ARE HEREBY NOTIFIED that the Department has imposed a Civil Penaity in thé-amount of One Hundred Dollars ($100.00). As grounds for the imposition of this penalty, the Department states the following: 1. The Department of Children and Families, Staté of Florida, has jurisdiction over Respondent by virtue of the provisions of Chapters 402.301 — 402.319, Florida Statutes. 2. The Respondent, Chappell School, inc., is licensed to operate Chappell Child Development Center located at 8400 Baycenter Road, Jacksonville, Florida 32256 as a Child Care Facility in compliance with Chapter 402, Florida Statutes (F.S.), and Florida Administrative Code (F.A.C), Rule 65C-22. 3. During an inspection on March 28, 2007, it was determined that the Respondent committed the following violation: FAC Chapter 65C-20.003(2)(a)-(e) and 402.305(2), in that: The facility did not have documentation to show completion of the 40 hours Introductory Course in Childcare for staff member T.C., hired September 18, 2006. Staff member T.C. was previously employed at another facility and had begun this training on December 10, 2004, but did not complete the training prior to December 10, 2005. Every childcare personnel must enroll within 90 days of employment and complete the training within one year of the date the training began. This violation was previously cited on July 7, 2004, and again on March 16, 2005, which resulted in a Notice of Intent to Impose Administrative Action on March 16, 2005. A similar type violation was again cited on July 21, 2005, resulting in an Administrative Complaint (fine) in the amount of seventy-five dollars ($75.00) being levied on August 8, 2005. On November 17, 2005, the Director was informed in writing of the availability of the competency-based examination for the 5 hours Basic Guidance and Discipline and 5 hours Early Literacy Birth to Three. Both theses courses are available on line at www.myflorida.com/childcare/training. Administrative Complaint — Chappell Child Development Center Page 2 SI | = ed ~e Cecceeri 4. The above referenced violation constitutes grounds to levy this G@yiA nalty. pursuant to ss.402.310(1)(a) and 402.310(4), Florida Statutes at the above reference -conduct of: #2 £9 snl pe Respondent constitutes a violation of the minimum standards, rules and reguilations,for the’ ry “ Qo operation of a Child Care Facility. 5. Payment of this fine can be made directly to the Department of Children and Family Services. The mailing address is: P.O. Box 2417, Jacksonville, FL. 32231, Attention: Child Care Licensure. 6. Please be advised that you do have the right to contest this Civil Penalty through an administrative hearing pursuant to Section 120.57, Florida Statutes, but that you have no more than twenty one (21) days from the date the Administrative Complaint is received to initiate this formal review. To initiate this formal review process, a petition for formal hearing - must be received by the following individuals within the twenty-one-day time frame: Roger L.D. Williams Gregory D. Venz, Agency Clerk Assistant General Counsel Department of Children & Families Department of Children & Families Office of the General Counsel P.O. Box 2417 1317 Winewood Blvd., Bidg. 2, Ste 204 Jacksonville, FL. 32231-0083 Tallahassee, FL. 32301 No later than fifteen (15) days after receipt of your written request for a formal hearing, the request for a hearing shall be granted or denied. Absent the consent of all parties, the hearing will not commence on fewer than fourteen (14) days notice. Finally, in accordance with s. 120.57(b)(4), Florida Statutes (2004), all parties to this cause have the opportunity to respond, to present evidence and argument of all issues of involved, to conduct cross-examination and submit evidence, to submit proposed findings of facts and order, to file exceptions to any order of a hearing officer's recommended order, and to be represented by counsel (at your expense). In addition, you have the right to have subpoenas and subpoenas duces tecum issued. Your request for an administrative hearing must state what issues and material facts you dispute, or it will be dismissed. FAILURE TO DISPUTE MATERIAL ISSUES OF FACT IN YOUR REQUEST FOR A HEARING MAY BE TREATED BY THE DEPARTMENT OF CHILDREN AND FAMILY SERVICES AS AN ELECTION BY YOU FOR THE INFORMAL PROCEEDINGS UNDER s. 120.57(2), FLORIDA STATUTES (2004). NOTICE OF RIGHTS Administrative Complaint — Chappel! Child Development Center Page 3 This decision constitutes final agency action unless a person who is substantially affected by it submits a written request for hearing that is received within twenty-one days from the date on which he or she first receives this notice. The request for hearing must also meet the requirements of Section 120.56, F.S., and either Rule 28-106.201 or Rule 28-106.301, F.A.C., or else it will be dismissed as required by Section 120.569(2)(c), F.S. That law and those rules require the written request for hearing to include the following information: 1. The name and address of each agency affected and each agency's file or identification number if known; 2. The name, address, and telephone number of the person who is asking for the hearing (the petitioner); 3. The name, address, and telephone number of the petitioner's representative, if any; 4. An explanation of how the petitioner's substantial interests are or will be affected by the agency decision; 5. Astatement of when and how the petitioner received notice of the agency decision; 6. Astatement that the petitioner does not dispute the facts upon which the agency relied but that it wants to exercise the right to be heard anyway OR a statement that the petitioner does dispute the facts upon which the agency relied and a list of the facts in dispute; 7. Aconcise statement of the facts as the petitioner perceives them to be, including the specific facts set out by the agency that the petitioner wants the agency to reverse or change; 8. Astatement of the specific rules or statutes that the petitioner believes requires the agency to reverse or modify its decision; and 9. Astatement specifying what action the petitioner wants the agency to take in the matter. Failure to request a hearing in writing and within the time frames required in this notice or failure to provide the information required by the law and rules governing requests for Chapter 120 hearings constitutes a complete waiver of any right that a substantially affected person may have to challenge this decision. The request must be received by the following persons at the following addresses on or before twenty-one (21) days of the date on which this notice was first received by the person requesting the hearing: l => lO od h- ayy Administrative Complaint ~ Chappell Child Development Center Page 4 Roger L.D. Williams Gregory D. Venz, Agency Clerk Assistant General Counsel Department of Children & Families Department of Children & Families Office of the General Counsel 1323 Winewood Bivd., Bldg. 1, Suite 407 P.O. Box 2417 Jacksonville, FL. 32231-0083 Tallahassee, FL. 32301 STATE OF FLORIDA, Pamela! Buckham Program Administrator LO ch Hayy ten CERTIFICATION OF SERVICE | HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by U.S. Certified Mail 7005 1160 0005 4346 9489, Return Receipt Requested, in accordance with ss. 120.60(3), Florida Statutes (2005), this de Bay of April, 2007. STATE OF FLORIDA, DEPARTMENT OF CHILDREN & FAMILIES / | Wwe Pamela /Buckham Program Administrater 10 cl he Ava Lo

Docket for Case No: 07-001955