Sec. 07.05.01.05. Conditions for Continuing Licensure  


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  • A. Posting of License.

    (1) If an agency maintains more than one office location, the Administration shall issue a license for each office location.

    (2) The agency shall post the original license issued for an office location in a permanent, public place within the office.

    (3) If a license is lost, damaged, or stolen, the agency shall immediately request a replacement license from the Administration and, upon receipt, post the replacement license.

    B. Agency Responsibilities.

    (1) The agency shall abide by the terms of its license and inform the Administration of any changes, including address change or change of chief administrator, which may affect its continuing eligibility for licensure.

    (2) Mid-License Period Report.

    (a) The Administration shall send notification to the agency 60 days before the end of the first year of the license period that the due date for the agency's mid-license period report is the anniversary of the license issuance date.

    (b) The mid-license period report shall include the:

    (i) List of governing board members and officers as required in Regulation .08B(2) of this chapter;

    (ii) Audit or audit review report for the last fiscal year as required in Regulations .06C(3) and .08B(10) of this chapter;

    (iii) Operations budget for the current year as required in Regulations .06C(1) and .08B(10) of this chapter;

    (iv) Verification of employee medical clearance as required in Regulation .08B(14) of this chapter; and

    (v) Agency self-evaluation as required in Regulation .08B(26) of this chapter.

    C. Return of License to the Administration. An agency's license immediately becomes null and void, and the agency shall return the license to the Administration, when the agency:

    (1) Is sold, leased, or discontinued;

    (2) Moves to a new location;

    (3) Has its license revoked;

    (4) Has its license renewal denied; or

    (5) Successfully completes its renewal process and is issued a new license.

    D. Valid License. A license is valid only for:

    (1) The agency to which it is issued and may not be subject to voluntary or involuntary sale, assignment, or other transfer; and

    (2) The location for which it was originally issued.

    E. Investigation and Continuous Review.

    (1) The Administration shall investigate the premises, facilities, and policies of an agency licensed or proposed to be licensed:

    (a) Before the issuance or renewal of any license;

    (b) At the time of the mid-license period report;

    (c) Before the suspension or revocation of any license; and

    (d) In response to a complaint about the agency.

    (2) Subject to the Administration's limitation of available funds and staffing, the Administration shall monitor each licensed agency by:

    (a) Continuous reviews of the agency's records;

    (b) On-site observations of the agency's direct work with children; and

    (c) Periodic evaluations of the program and services.

    (3) The agency or applicant shall allow the Administration to:

    (a) Inspect all aspects of an agency governed by this subtitle; and

    (b) Interview any agency employee, governing board member, or volunteer.

    (4) The Administration shall conduct interviews and inspections in a manner which:

    (a) Is least disruptive to the program;

    (b) Is consistent with needs of the Administration; and

    (c) Protects all confidentiality required by law or by the regulations in this chapter.

    (5) The agency shall:

    (a) Provide the Administration any written information required under this subtitle;

    (b) Comply with all applicable federal, State, and local government laws, regulations, and standards; and

    (c) Make available for inspection any information the Administration requires the agency to maintain to assist in determining the agency's compliance with this subtitle.

    F. Duration of License. A license is valid for 2 years from the date of issuance unless revoked or suspended.

    G. Renewal of License.

    (1) At least 120 days before the license expires, the Administration shall send a notice to the agency stating that:

    (a) An agency shall reapply to the Administration and be redetermined eligible in order to continue as a licensed agency; and

    (b) An agency's completed renewal application shall be on file at least 60 days before the expiration of the current license to enable the Administration to:

    (i) Determine the agency's continued eligibility, and

    (ii) If the agency is eligible, issue a new license in time to permit uninterrupted service.

    (2) If the agency files the completed renewal application as required in §G(1)(b) of this regulation and the Administration is unable to redetermine the agency's eligibility before the license expires, the Administration may extend the license expiration date for a period not to exceed 60 days from the filing date of the completed renewal application.