Justia Washington Supreme Court Opinion Summaries

Washington law provides that the State's decision to revoke a home childcare license should be upheld if it is supported at an evidentiary hearing by a preponderance of the evidence. In a prior holding, the Supreme Court held that due process required the State to support a decision to revoke a nursing assistant's registration under a higher standard of "clear and convincing" evidence. In this case, the principal issue was whether the strictures of due process required the State to support its decision to revoke a home childcare license by the higher standard. Respondent Kathleen Hardee's license was revoked. She requested a hearing, and a review judge reversed the hearing officer's decision, finding that the Department of Early Learning proved its case by a preponderance of the evidence. The superior court and Court of Appeals affirmed the order. Upon review, the Supreme Court overruled its prior decision, and held in this case that due process required not more than a preponderance of the evidence to justify the revocation of a home child care license. View "Hardee v. Washington" on Justia Law