HB 2013 — Providing for the use of independent mediators to address adverse child care licensing decisions.

H-2013.1SUBSTITUTEH-1533.1HOUSE HOUSE BILL 2013State of Washington65th Legislature2017 Regular SessionBy House Early Learning & Human Services (originally sponsored by Representatives Dent, McDonald, Senn, Klippert, Kagi, Griffey, Jinkins, and Johnson)READJohnsonRead FIRSTfirst TIMEtime 02/17/17.AN02/07/17. ACT Relating to mediation to address adverse licensing decisions by the department of early learning;

Referred to Committee on Early Learning & Human Services.AN ACT Relating to mediation to address adverse licensing decisions by the department of early learning;

or (b) place or remove a child day care center or family day care provider on nonreferral status.(6)(a) AThe licenseedepartment shall contract with independent mediators as defined and used in chapter 7.07 RCW that may be used by applicants or applicantlicensees who receivesreceive a denial, modification, suspension, or revocation of aany license under this chapter from the department.(b) The independent mediators contracted with by the department must have knowledge of or experience providing licensed child care and may not have an interest in the resolution of the case or be related to a party.(c) Licensees or applicants who receive a denial, modification, suspension, or revocation of a license under this chapter who choose to use an independent mediator contracted by the department retain their rights to contest the adverse action pursuant to the administrative procedure act, chapter 34.05 RCW.(d) A licensee or applicant must give notice to the department of his or her request to engage in mediation within the time frame required for appealing an adverse licensing action pursuant to the administrative procedure act, chapter 34.05 RCW.(e) If the licensee or applicant chooses to appeal a prehearingdenial, conferencemodification, suspension, or revocation of a license after completing the mediation process, the licensee or applicant has the same amount of time that was required for appeal after the purposefinal agency decision, and that time begins again upon completion of mediatingthe mediation session, but the casemediation must be completed within twenty-eight days after a licensee or applicant gives notice to the department of his or her intention to engage in mediation.(f) If mediation has not resolved the appealable issue or issues, the licensee or applicant must follow the procedure in this section for providing notice and serving the department with his or her intent to appeal after completion of mediation.Sec. 2.  RCW 43.215.305 and 2007 c 17 s 3 are each amended to read as partfollows:(1) The department shall give written notice of the adjudicativedenial proceeding.of an application for a license to the applicant or his or her agent.

Mediation must be conducted by an administrative law judge who has received training in dispute resolution techniques or has a demonstrated history in resolving disputes.

A person who mediates in a particular appeal may not participate in a hearing on that appeal, may not write the decision and order in the appeal, may not have an interest in the resolution of the appeal, and may not be related to a party.

The mediator may communicate with the licensee or applicant and an appointed department representative during the mediation.

Mediation must be conducted pursuant to the provisions of the uniform mediation act under chapter 7.07 RCW.(b) As long as both parties are demonstrating a good faith effort to participate in mediation, no hearing shall commence pursuant to RCW 34.05.434 until the mediation is complete.

Upon the request of an applicant or licensee for a prehearing conference and during the pendency of mediation, the proceedings pursuant to chapter 34.05 RCW are stayed until the mediator indicates in writing that the mediation process has terminated or a settlement is reached.(c) Licensees or applicants who receive a denial, modification, suspension, or revocation of a license under this chapter who request mediation by an administrative law judge retain their rights to contest the adverse action pursuant to the administrative procedure act, chapter 34.05 RCW.Sec. 2.  RCW 43.215.305 and 2007 c 17 s 3 are each amended to read as follows:(1) The department shall give written notice of the denial of an application for a license to the applicant or his or her agent.