Islam v. Department of Early Learning

¶1 The Department of Early Learning revoked appellant Kurshida Islam’s child care center license. The department’s burden of proof in an adjudicative proceeding, as provided by statute, is the preponderance of the evidence. Islam contends the importance of a licensee’s private interest requires proof by clear and convincing evidence as a matter of due process. But in defining the nature of the State’s interest, the legislature expressly states that the interests of the children in care are “paramount” over the right of any person to provide care. When due weight is given to the State’s…