The Credibility of the State Office of Administrative Hearings is at Stake

As you may recall from previous posts, Administrative Reviews are the means by which license holder's are able to challenge deficiencies given to them by childcare licensing representatives. You may also recall that these informal hearings are complete shams as the person who hears your case is a childcare licensing representative that works in the same office as the person whose deficiencies you are challenging. You cannot question any accusers, or any supposed evidence that the State has against you. I can't state enough times that the entire system is loaded with conflicts of interest. Nevertheless, the Texas Administrative Code states that license holders can request for Administrative Reviews and it is mandatory for the Department (DFPS Childcare Licensing) to schedule the Administrative Reviews within 10 days of the request and must schedule the Administrative Reviews within 30 days of being scheduled. Adrienne Driggers and the Department  ignored our requests for these administrative reviews by waiting to schedule them until well after Adrienne Driggers had already closed the daycare and placed Marla on the Central Registry.

This was the elephant in the room that we presented in our hearing. It's importance cannot be overstated as the Texas Administrative Code clearly states in Title 40, Part 19, Chapter 745, Subchapter M, Division 1, Rule §745.8803 that the Department cannot implement any decision or action that is the subject of the review until license holders due process rights concerning the decision or action are exhausted. Adrienne Driggers and the Department did not allow the Administrative Reviews to occur as mandated by the Texas Administrative Code and therefore illegally closed Marla's daycare and placed her on the Central Registry.

These facts alone should force Melissa Ricard, the presiding judge of the State Office of Administrative Hearings to rule in our favor. There was much more than particular code that should get her to rule in our favor as we proved in court that Childcare Licensing Representatives: Monica Martinez and Christina Cantu deliberately falsified deficiencies. We also proved, through emails and the documentation that they tried to withhold from us 3 months earlier, that Adrienne Driggers violated Marla's Constitutional Rights and had clearly abused her power in closing Marla's daycare and placing her on the Central Registry.  Let me state this loud and clear: We proved that Adrienne Driggers violated the law. I will be providing this proof on another post that I will present to you soon.

As of today (11/29/2015), The Honorable Judge Melissa Ricard has yet to make her decision as to whether or not Marla should get her license back and should be removed from the Central Registry. You will see when I present to you what occurred at the hearing that there was no doubt that Marla should never have had her license to operate taken away from her nor should she have been placed on the Central Registry, but as I have stated throughout this blog, the entire system is corrupt.

She could surprise us and follow the law by ruling in our favor but we are suspicious as she is a State employee and shares an office on the same floor with the Department of Family and Protective Services Childcare Licensing. Her office is just a few feet away from DFPS! A statement that she made and an action that she took during the hearing left us with some suspicion as to whether or not she will rule according to the Texas Administrative Code which would be in our favor of course or if she will rule in the Departments favor simply because they, like her, are State of Texas employees.

It has been my premise all along that the system is broken and corrupt. If she rules in their favor it would only legitimize all that I have said. Should this occur one could expect for the media and certain Civil Rights Organizations to get involved. The U.S. Department of Justice would have no choice but to get involved as well. Should the judge rule against us Adrienne Driggers, the Department of Family and Protective Service, the Texas Attorney General's Office, and the State Office of Administrative Hearings might as well shred the United States Constitution.

If she does what is right and rules in our favor she will be hailed a hero for taking a stand against abuse of power, the targeting of minority business owners, and for standing up for the United States Constitution. The credibility of the State Office of Administrative Hearings is in the balance. Will it show itself to be like the kangaroo court system that the Administrative Reviews are known to be or will it show itself to be a legitimate court that is impartial as it purports to be? We will find out soon.