10-408.

§10-408.


    A.  Any licensee aggrieved by the decision of the Department of
Human Services under Sections 405 or 407 of this title may, within
ten (10) days after the revocation or refusal to issue or renew the
license, appeal to the district court of the county in which the
child care facility is maintained and operated by filing with the
clerk of the court a verified petition.  Notice of such appeal shall
be served on the Director of the Department within five (5) days of
the date of its filing.
    B.  The Department shall, within ten (10) days of the service of
such notice, file with the clerk of said court a transcript of the
proceedings had before it.  The district court shall thereupon be
vested with jurisdiction to review the proceedings of the Department;
provided that, if the Department prevails, the judgment of the
district court shall be that the decision of the Department be
affirmed, and if the licensee prevails, the judgment of the court
shall be that the revocation be set aside or the license issued or
renewed, as the case may be.  Pending the hearing of the appeal, the
action of the Department revoking or refusing renewal of the license
or the granting thereof shall be stayed; provided, after the filing
of an appeal, the district court, upon application by the Department
and after an appropriate hearing, may grant a restraining order to
enforce the decision of the Department.