67:48:05:11Disqualification -- Notice -- Penalties.

If an IPV exists, the department shall disqualify the individual from participating in the child care services program for the following lengths of time: (1) For the first occurrence, one year; (2) For the second occurrence, two years; and (3) For the third occurrence, permanently. If the disqualified individual is a provider, the individual may not apply for any child care grants or receive any grant funding during the period of the disqualification. The department shall notify the individual in writing before the disqualification becomes effective. A disqualification penalty remains in effect without the possibility of an administrative stay unless a court of appropriate jurisdiction reverses the finding on which the penalty was based. The duration of the disqualification penalty is not subject to review. If a disqualification penalty and other sanctions or penalties apply, the disqualification penalty must be adhered to and is in addition to any other sanction or penalty that may be imposed by law for the same offense.

Source: 28 SDR 111, effective February 20, 2002.