Every childcare center and family care home should appeal every single licensing appeal. Why? First and foremost because licensing issues a lot of citations it shouldn’t issue, and the only way that will change is if more providers work to assert their rights. CCLD will eventually realize it has to hold itself accountable. Second, because CCLD has a mandatory deadline to decide appeals, and if the agency misses the deadline, the citation should automatically be dismissed. Â
Over the past couple years, dozens of providers have told me they never appealed citations because it seemed like too much work and they didn’t know where to start. If you’ve received a citation and want to appeal but don’t know where to start, here is a 1-sentence appeal you can submit:
Dear Regional Manager, I am writing to appeal the citation issued [DATE] to facility number [##]; I respectfully request that you review the evidence and findings obtained by the LPA, which I believe are insufficient to prove a deficiency under Title 22.
Simply paste that into a letter, fill out the date and facility number, then sign and submit to the Regional Manager.Â
Why is this 1-sentence appeal enough? Because under California law, it is the licensing agency’s burden to prove that a deficiency occurred, not the provider’s burden to prove they are innocent. This 1-sentence appeal effectively requires the Regional Office to look closely at the citation and evaluate if the LPA was correct to issue it.Â
Of course, the most effective appeal will go a step further. A great appeal will explain why the citation was improperly issued and should be reversed, perhaps with additional evidence or written statements that support the defense. But if you don’t know how to argue your defense, or if your deadline to appeal is today and you simply need to submit something, use this 1-sentence appeal to get your appeal in on time. You will have an opportunity to provide additional documents or evidence after the appeal is submitted. Â
If you’d like help writing the best appeal possible, I’ve put together a kit with: (1) a step-by-step guide on how to appeal licensing citations; (2) fill-in-the-blank appeal templates; and (3) copies of successful appeals you can copy directly.