N.D. Admin. Code 75-03-41-02

Current through Supplement No. 394, October, 2024

Section 75-03-41-02 - [Effective 10/1/2024] Application - Effect of license

1. An application may not be approved for a supervised independent living program license until the department has reviewed the need for additional supervised independent living programs. To enable the department to determine the need for a new supervised independent living program, the applicant shall submit an initial application, including the following documentation and information to the department:

a. The number, gender, and age range of the residents to be served;

b. The employee staffing, including a list of full-time and part-time positions by job titles and descriptions;

c. A description of the proposed program;

d. A proposed budget; and

e. The geographic location of the supervised independent living program.

2. Upon receipt of initial application, the department shall:

a. Review the detailed plan for the operation proposed by the applicant;

b. Ask for additional materials or information necessary for evaluation of need;

c. Respond in writing within thirty days of receipt of all required information from the applicant; and

d. Send written notice of determination of need. The notice must state the specific reason for the determination. If the department determines there is no need for additional supervised independent living programs, the department may deny the initial application. If the department determines there is need for additional supervised independent living programs, the notice must be accompanied by an authorization for the applicant to move forward with the application process for a license to operate a supervised independent living program.

3. If an applicant receives authorization to apply for a license to operate a supervised independent living program, an application must be submitted in the form and manner prescribed by the department, which will initiate a document-based review or onsite visit at least every two years.

4. After completion of a licensing study, the department shall issue a license to an applicant that meets all requirements for licensure to provide a supervised independent living program.

5. Each agency shall carry general comprehensive liability insurance.

6. The department shall renew the license on the expiration date of the previous license if:

a. The agency makes written application for renewal prior to the expiration date of its current license; and

b. The agency continues to meet all requirements for licensure at the time of the licensing study or license review.

7. If the department determines an application, renewal of license, or accompanying information is incomplete or erroneous, the department shall notify the applicant of the specific deficiencies or errors, and the applicant shall submit the required or corrected information. The department may not issue or renew a license until it receives all required or corrected information.

8. A supervised independent living program license is in force and effect for the period stated thereon, not to exceed two years, is nontransferable, and is valid only to the agency providing the program oversight for the number of clients indicated on the license.

N.D. Admin Code 75-03-41-02

Adopted by Administrative Rules Supplement 374, October 2019, effective 10/1/2019.

Amended by Administrative Rules Supplement 2024-392, April 2024, effective 4/1/2024.

Amended by Administrative Rules Supplement 2024-394, October 2024, effective 10/1/2024.

General Authority: NDCC 50-06-05.1, 50-11-03

Law Implemented: NDCC 50-06-05.1, 50-11-03