Section 144-117-3 - Renewal of, Loss of, Temporary & Conditional Licenses3.1Right of Entry and Inspection. The Department and any duly designated representative thereof shall have the right to enter upon and into the premises of any licensed program site pursuant to these regulations at any time, in order to determine the state of compliance with the provisions of regulations in force pursuant thereto. Such right of entry and inspection shall extend to any premises which the Department has reason to believe is being operated or maintained as an Adult Day Services Program without a license, but no such entry or inspection of any premises shall be made without the permission of the owner or person in charge thereof unless a warrant is first obtained from the court of jurisdiction authorizing the same. Any application for a license made pursuant to these regulations shall constitute permission for, and complete acquiescence in, any entry or inspection of the premises for which the license is sought in order to facilitate verification of the information submitted or in connection with such application.3.2Provisional License. The Department shall issue a provisional license for a minimum period of three (3) months or longer as deemed necessary by the Department but not to exceed twelve (12) months when an applicant complies with all applicable laws and regulations, except those which can only be complied with once consumers are served by the applicant, and the applicant demonstrates the ability to comply with all applicable laws and regulations by the end of the provisional term. The Department may reissue a provisional license for up to another twelve (12) months if no consumers were served during the first twelve (12) months of operation. A provisional license may also be issued to a provider who has not previously operated the program for which the application is made or is licensed. A provisional license may also be issued if the applicant meets the criteria for default licensing as stated in section 2.6. No provisional license shall be extended beyond twenty-four (24) consecutive months.3.3Refusal to Issue a License. The Department shall refuse to issue a license to the applicant identified in the application if it finds the representation made in the application to be materially incorrect or insufficient, or if it finds that the applicant or designated administrator of the program does not meet all requirements of law and regulations.3.4Renewal of License. At least thirty (30) days prior to the expiration of a license to operate an Adult Day Services Program, an application and the required fee for a renewal thereof shall be submitted to the Department on a form supplied by the Department, and accompanied by such additional information as may be required. Upon receipt and review of applications and determination of compliance with the requirements of the Maine Revised Statutes Annotated and any regulations adopted pursuant thereof, the Department shall renew such license for a period of one (1) year, unless it finds that there are specific and sufficient grounds either for the denying of the application for renewal or for renewing the license on a temporary or conditional basis. If timely application for renewal is made, the existing license shall continue until a final decision on the renewal is made.3.5Conditional License. A conditional license or approval may be issued by the Department when the individual or agency fails to comply with applicable law and rules and, in the judgment of the commissioner, the best interest of the public would be so served by issuing a conditional license or approval. The conditional license or approval shall specify when and what corrections must be made during the term of the conditional license or approval, which shall not exceed twelve (12) months.3.6Suspension, Revocation or Refusal to Renew a License. The Department may suspend, revoke or refuse to renew a full, provisional or conditional license for violation of applicable laws and regulations; for committing, permitting, aiding or abetting any illegal practices in the operation of the program; or, for conduct or practices detrimental to the welfare of consumers participating in the program. Notice of the Department's decision shall be given in writing to the program administrator, stating the reasons and notifying the provider of the appeal process specified in this Chapter. The Department will notify all consumers and their legal representatives of any such action and allow thirty (30) days for orderly closure. If, in the opinion of the Department, the health and safety of consumers is in immediate danger, the Department may cause the immediate closure by filing a verified complaint with the District Court seeking summary action pursuant to 4 M.R.S.A. §184.3.7Appeal Rights. Any Adult Day Services Program aggrieved by the Department's decision to take any of the following actions may request an administrative hearing to refute the basis of the Department's decision, as provided by the Maine Administrative Procedures Act, 5 M.R.S.A. §§9051, etseq. Administrative hearings will be held in conformity with the Department's Administrative Hearing Regulations Manual. A request for a hearing must be made, in writing, to the Assistant Director of the Division of Licensing and Certification, Community Services Programs, State House Station 11, Augusta, Maine 04333 and must specify the reason for the appeal. Any request must be mailed within ten (10) working days from receipt of the Department's decision to:3.7.1 Issue a Conditional license;3.7.2 Amend or modify a license;3.7.3 Void a Conditional license;3.7.4 Refuse to issue or renew a full license;3.7.5 Refuse to issue a Provisional license;3.7.6 Revoke or suspend a license;3.7.7 Deny a request of a waiver of a rule.3.8 Voluntary Closure of an Adult Day Services Program. Whenever a licensed Adult Day Services Program voluntarily discontinues operation, the administrator shall notify the Department within thirty (30) days of the projected closing date. Immediately upon discontinuance of operation of an Adult Day Services Program, the administrator shall surrender the license to the Department.3.9Reapplication Subsequent to Licensing Actions. Subsequent to any of the following actions, a full annual or biennial license will not be issued until the deficiencies identified by the Department have been corrected: 3.9.1 Issuance of a conditional license;3.9.2 Refusal to issue or renew a license;3.9.3 Revocation or suspension of a license; or3.9.4 Refusal to issue a provisional license.3.10 Actions Requiring Prior Written Approval. When a proposed alteration of the physical plant involves areas used by consumers, consumers may not occupy these areas until the Department has determined that the changes comply with these regulations and issues a written approval to proceed.10-144 C.M.R. ch. 117, § 3