Section 391-7-004 - GENERAL REQUIREMENTSThe following requirements are applicable to all licenses.
004.01EFFECTIVE DATE AND TERM OF LICENSE. A residential child-caring agency license will expire on March 31 of each calendar year.004.02LICENSE NOT TRANSFERABLE. A license is issued only for the facility and person(s) named in the application and is not transferable or assignable.004.03OCCUPANCY. A licensee must not serve more children at any time than the maximum occupancy for which the facility is permitted. Buildings must not exceed the maximum occupancy issued by the Fire Marshal or the Department's determination, whichever is less.004.04ALTERNATIVE COMPLIANCE. To be considered for approval of a time limited alternative compliance with a regulation, the proposed alternative must be consistent with the overall intent and purposes of the regulation and protect the health, rights, safety, and well-being of all children in care.004.04(A)TERMS OF ALTERNATIVE COMPLIANCE. An alternative compliance may be granted . (i) To permit the applicant or licensee time to come into compliance; and (ii) For a period of time as determined by the Department.004.04(B)WRITTEN REQUEST. A written request for an alternative compliance must be submitted to the Department and include the following information. (i) The regulation for which alternative compliance is being requested; (ii) The reason for the alternative compliance request;(iii) A description of how the alternative will meet the intent of the regulation; and(iv) How the alternative will offer equivalent protection for all children.004.04(C)REQUIREMENTS NOT QUALIFYING FOR ALTERNATIVE COMPLIANCE. Alternative compliance will not be granted for the following requirements: (i) Capacity and Ratio, except as described at 391 Nebraska Administrative Code (NAC) 7-005.05(B);(v) Criminal history and background checks;(vi) Staff qualifications; and(vii) Any regulation for which a discipline has been initiated or completed.004.05NOTIFICATION OF CHANGES. An amendment to the application must be submitted, in writing, to the Department:(A) At least 90 working days before the planned effective date for a change in: (ii) Building or building usage; or(B) At least five working days before a planned effective date for a change in: (i) The age or gender of the children for whom care is provided; or391 Neb. Admin. Code, ch. 7, § 004
Adopted effective 3/22/2021