An Act To Create an Appeals Process for Child Care Providers
Maine Legislature, Session 128, LD 1177
Committee: Health and Human Services
Sponsors: VOLK, ESPLING, BRAKEY, CHIPMAN, DION, MAKER, PERRY
Amends: 5 MRSA §12004-G, 22 MRSA §8359

Legislative Document
No. 1177
S.P. 398
In Senate, March 28, 2017
An Act To Create an Appeals Process for Child Care Providers
Reference to the Committee on Health and Human Services suggested and ordered printed.
HEATHER J.R. PRIEST
Secretary of the Senate
Presented by Senator VOLK of Cumberland.
Cosponsored by Representative ESPLING of New Gloucester and
Senators: BRAKEY of Androscoggin, CHIPMAN of Cumberland, DION of Cumberland, 
MAKER of Washington, Representative: PERRY of Calais.
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  5 MRSA §12004-G, sub-§14-I is enacted to read: 
14-I.   
Sec. 2.  22 MRSA c. 1674-A is enacted to read: 
CHAPTER 1674-A 
CHILD CARE APPEAL REVIEW PANEL 
§8359.  Child Care Appeal Review Panel 
The Child Care Appeal Review Panel, established by Title 5, section 12004-G, 
subsection 14-I, referred to in this chapter as "the review panel," shall review disputes 
between a child care facility, a family child care provider or a nursery school, as those 
terms are defined in section 8301-A, and collectively referred to in this chapter as "the 
facility," and the department relating to compliance with licensing or certification, 
complaints and disputes but not investigations of out-of-home child abuse and neglect. 
1.  Membership.  The review panel has 10 voting members appointed by the 
Governor as follows: 
A.  Three early childhood professionals; 
B.  One pediatric health care professional; 
C.  One parent of a child in a licensed child care facility or certified family child care 
provider; and 
D.  Five members representing a range of facilities from different geographic areas of 
the State. 
The director of the division of licensing and regulatory services or the director's designee 
shall chair the review panel and act as a nonvoting member. 
2.  Legal counsel.  The review panel receives legal counsel from the Office of the 
Attorney General. 
3.  Terms.  Members of the review panel are appointed for 5-year terms.  A member 
of the review panel appointed to fill a vacancy occurring otherwise than by expiration of 
a term is appointed only for the unexpired term of the member succeeded. 
4.  Duties.  The review panel shall review disputes between the department and a 
facility.  The review panel shall review the records, conduct any interviews or inspections 
considered necessary, make a determination regarding findings of fault and, if necessary, 
determine appropriate action by the department or the facility.  Disputes subject to appeal 
include the following: 
Human Services 
Child Care Appeal 
Review Panel 
Expenses Only 
MRSA §8359 
A.  Revocation or suspension of a license or certification to operate a facility; 
B.  Denial of an application for a license or certification to operate a facility; 
C.  Conversion of a license or certification from regular to conditional status; 
D.  Disputes between facilities and the department concerning compliance with rules; 
and 
E.  Denials of alternative compliance requests. 
5.  Timely review of disputes.  A facility that is aggrieved by a decision by the 
department related to a dispute subject to the review panel must file a request for the 
review panel to review the dispute within 30 days of receiving the decision by the 
department.  The review panel shall schedule an initial meeting to review the dispute 
within 14 days of a request by a facility.  A final decision on the dispute must be made no 
more than 30 days after the request for review has been filed with the review panel.  Any 
review conducted by the review panel must be in accordance with Title 5, chapter 375, 
subchapter 7. 
6.  Authority.  The department and the facility shall act according to the final 
decision by the review panel. 
Sec. 3.  Staggered terms of Child Care Appeal Review Panel.  
Notwithstanding the Maine Revised Statutes, Title 22, section 8359, subsection 3, of the 
members first appointed by the Governor to the Child Care Appeal Review Panel 
pursuant to Title 22, section 8359, subsection 3, the Governor shall designate one 
member whose term is one year, one member whose term is 2 years, one member whose 
term is 3 years and one member whose term is 4 years.  The balance of members serve 
for 5 years. 
SUMMARY 
This bill establishes the Child Care Appeal Review Panel to review disputes related 
to the licensing and certification of child care facilities, family child care providers and 
nursery schools, including revocations, suspensions, denials, demotions to conditional 
status, rule compliance issues and denials of requests for alternative compliance methods 
but not including child abuse and neglect investigations.  The review panel members are 
appointed by the Governor for 5-year terms.  The director of the division of licensing and 
regulatory services within the Department of Health and Human Services is the chair of 
the panel but does not vote.  The Office of the Attorney General provides legal counsel.  
The department and facility are required to abide by decisions made by the review panel.