R501-1-3. Licensing Application Procedures

  (1) Initial and Renewal Application.

  (a) An applicant shall not accept any fees, enter any agreements to provide client services, or provide any client services until they have received a license certificate issued by the Office.

  (b) The Office shall issue a license for a human service program only after verifying compliance with applicable administrative rules and statutes.

  (c) Applicants and licensees shall permit the Office to have immediate, unrestricted access to the site, all on and off-site program and client records, and all staff and clients.

  (d) An applicant may withdraw their application for a license, in writing, at any time during the application process.

  (e) An applicant seeking an initial or renewal license to operate a human services program shall submit:

  (i) an application as provided by the Office; a renewal application that is not submitted at least thirty days prior to the expiration date of the current license may result in the license expiring;

  (ii) the fee(s) required for each category of human service program license(s); except as excluded in R501-1-7-2;

  (iii) a completed background screening application, fees and supporting documentation for each person associated with the human services program in accordance with 62A-2-120 and R501-14, except for those excluded in 62A-2-120(13);

  (iv) the applicant's required policies and procedures;

  (A) for renewal purposes the applicant may submit only the policies and procedures that have been modified;

  (v) name and contact information for all owners and program directors, as defined in this Chapter; and

  (vi) documentation verifying compliance with, or exemption from, local government zoning, health, fire, safety, and business license requirements.

  (A) For residential treatment programs applying for initial licensure, a copy of its notice of intent to operate a residential treatment program, and proof of service, in accordance with 62A-2-108.2.

  (2) Application Expiration.

  (a) A program initial application, other than an initial foster home application, that remains incomplete shall expire one year from the date it was first submitted to the Office.

  (b) A foster home initial application that lacks required documentation may expire 90 days from the date is was first submitted to the Office unless the Office determines the applicant to be making active progress toward licensing compliance.

  (c) An expired initial application is void and requires a new initial application and applicable fees for each category of license.

  (3) The Office may deny the initial application or place a penalty on a renewal license if:

  (a) the program has failed to achieve or maintain compliance with administrative rules, laws, ordinances or statutes; or

  (b) the Office determines that the program is not reasonably likely to provide services in accordance with governing rules or statutes;

  (i) the Office may consider the history of rule violations by the owner, licensee, or persons associated with the program;

  (ii) the Office determines that significant false or misleading information regarding the program has been provided to the Office, program clients, prospective clients, or the public; or

  (c) program directors, owners or any individuals involved in providing billed services or directly preparing billing have been identified and listed on the Medicaid LEIE exclusion list; or

  (d) the agency maintains association with any individual who has been a licensee that has had a license revoked by the Office within the five years prior to the date on the application.

  (4) Previously denied applicants shall not reapply for at least three months from the date of denial.