Section 33-03-29-02 - General licensing provision1. No person or entity may establish, maintain, or operate a residential care facility for children with autism without first having obtained a license from the department. Any person or entity who owns or leases a residential care facility for children with autism and desires to maintain or operate it shall apply to the department for a license on the form prescribed and shall obtain a license before accepting children for care or treatment. 2. Each residential care facility for children with autism applying for licensure must be designated by a distinctive name consistent with the services offered to avoid public confusion or misrepresentation. The name may not be changed without department approval. 3. Upon receipt of a completed license application, the department shall review the residential care facility for children with autism, including architectural plans submitted by the facility, to determine compliance with this chapter, including onsite inspections, as appropriate. 4. Once received, the license must be displayed in a conspicuous place. Each license is valid only in the hands of the person or entity to whom it is issued and is not subject to sale, assignment, or other transfer, voluntary or involuntary. 5. The department may require submission of periodic reports including, but not limited to, staffing reports, census data, statistical information, and such business records as the department may reasonably require for the performance of its licensure functions. 6. The department and any duly authorized representative thereof has the right to enter upon and into the premises of any residential care facility for children with autism or facility providing services consistent with this chapter or the North Dakota statutory definition for residential care facility for children with autism. 7. An initial or renewal license is valid for one year from the date of issuance. 8. If a facility holds a current license from the department or another appropriate state agency and appropriately responds to the population served, then additional licensure under this chapter is not required. N.D. Admin Code 33-03-29-02
Effective February 1, 1992.General Authority: NDCC 23-09.4-02, 23-09.4-07
Law Implemented: NDCC 23-09.4-02, 23-09.4-03