Section 75-03-17-20 - Rights and obligations of the applicant1.Right to apply for license. An applicant has the right to apply to receive a license to operate a facility under this chapter.2.Entry and inspection.a. The department may evaluate a facility's compliance with this chapter at any time through: (1) An announced or unannounced onsite review; or(2) A request for written documentation verifying compliance.b. The applicant shall allow authorized representatives of the department to enter any of the applicant's buildings or facilities to determine the extent to which the applicant is in compliance with the rules of the department, to verify information submitted with an application for licensure or license renewal, and to investigate complaints. Inspections must be scheduled for the mutual convenience of the department and the facility unless the effectiveness of the inspection would be substantially diminished by prearrangement.3.Access to records. The applicant shall allow duly authorized representatives of the department to inspect the records of the applicant, to facilitate verification of the information submitted with an application for licensure, and to determine the extent to which the applicant is in compliance with the rules of the department.4.Denial of access to facilities and records. Any applicant or licensee which denies access, by the authorized representative of the department, to a facility or records for the purpose of determining the applicant's or licensee's state of compliance with the rules of the department shall have its license revoked or application denied.5.License refusal or revocation. Failure to comply with any of the standards of this chapter or other state law or regulation is cause for refusal or revocation of a license. Conviction of an offense by an owner or operator of a facility does not disqualify the facility from licensure unless the department determines that the offense has a direct bearing upon an individual's ability to serve the public as an owner or operator of a psychiatric residential treatment facility for children or that, following conviction of any offense, the individual is not sufficiently rehabilitated under North Dakota Century Code section 12.1-33-02.1.6.Appeal. An applicant may appeal a license denial in accordance with North Dakota Century Code chapter 28-32 and North Dakota Administrative Code chapter 75-01-03.7.Deemed status. The department may recognize "deemed status" for those providers who are accredited by nationally recognized bodies who review and certify providers of psychiatric residential treatment services for children. When applying for licensure or licensure renewal, proof of accreditation or "deemed status" in the form of the accreditation agency's most recent review and certification must be submitted to the department. "Deemed status" means status conferred on a facility accredited by a national accreditation body based on standards that exceed the standards set forth in these licensure rules.N.D. Admin Code 75-03-17-20
Amended by Administrative Rules Supplement 2014-352, April 2014, effective April 1, 2014. .Amended by Administrative Rules Supplement 2022-385, July 2022, effective 7/1/2022.Amended by Administrative Rules Supplement 2024-392, April 2024, effective 4/1/2024.General Authority: NDCC 25-03.2-10
Law Implemented: NDCC 25-03.2-02, 25-03.2-03, 25-03.2-07, 25-03.2-08, 25-03.2-09