WHO ARE WE?
Gordon, Muir and Foley, LLP (GMEtF), a mid size firm founded in 1947, maintains offices in Hartford and East Granby, Connecticut. GMEtF is dedicated to providing prompt, reliable and cost-effective legal representation. The firm's objective is to resolve disputes for our clients as expeditiously and cost effectively as possible. While our attorneys are skilled and active in the trial of cases, our attorneys are also adept and experienced in the negotiation, mediation and arbitration processes.
Attorney Renee W. Dwyer routinely represents the day care industry in both premises liability and licensing matters. She assists clients with all aspects of a complaint investigation including representation of clients at compliance meetings scheduled by the Department of Public Health.
More specifically, Attorney Renee W. Dwyer works with clients on corrective action plans, negotiated corrective actions plans, consent orders, responses to statements of charges and license surrenders.
DISPUTING A VIOLATION
Did you know you can dispute a violation? If after speaking to your licensing specialist, you still do not understand a violation or think the violation is not legitimate, you may ask for a supervisory review.
If after the supervisory review, you still dispute the violation, you may contact the program manager and request a case review. After the case review, you have no other avenues to dispute a violation.
At both stages, the supervisory review and case review, be sure that your submission clearly sets forth the facts and the reasons why you feel a violation did not occur. Provide organized back-up documentation.
The following are important numbers to know to dispute a violation:
- To Request a Supervisory Review call the Help Desk at (860)509-8045 or 1(800)282-6063 and ask to speak with the Child Care Licensing Supervisor who covers your town (Marilyn Parks-Jones covers Western Connecticut, Lynda Bolat covers North Central Connecticut, Peg Friedenfelt covers Eastern and South Central Connecticut, or in the case of a complaint investigation contact Patricia Galante);
- If you still wish to dispute the violation after a supervisory review, you may contact the program manager at (860)509-8045 or 1(800)282-6063 and request a case review. The program manager will decide if the evidence shows a violation exists.
WHAT IS A CONSENT ORDER?
A Consent Order is a voluntary agreement between the Department of Public Health and a provider. Under a Consent Order, a provider agrees to take steps above and beyond the regulations in order to retain its license.
Consent Orders are often proposed by the Department of Public Health after a compliance meeting. Typically, Consent Orders are proposed as a resolution when a provider has had ongoing violations or serious violations. A provider will enter into a Consent Order in lieu of proceeding forward with a full administrative hearing.
Consent Orders are a matter of public records and often include the payment of a fine. Because Consent Orders are public records, you may wish to have an attorney review the terms before you sign the document. Many sections of the Consent Order are not negotiable. For example, Consent Orders issued by the Department of Public Health provide that the licensee/operator "understands that any violation of the terms of this Consent Order shall constitute grounds for the Department of Public Health to take other appropriate action against the licensee". In other words, if any future violations occur similar to those at issue in the Consent Order or if the terms of the Consent Order are violated, a provider risks having its license taken away.
