Sec. 10.21.04.06. Licensure

A. Initial License.

(1) Within 90 days of receipt of an application completed according to Regulation .05B of this chapter, the Department's designated licensure unit:

(a) Shall:

(i) Evaluate the application;

(ii) Meet with the applicant; and

(iii) Conduct an on-site review to inspect the physical plant and evaluate the proposed group home; and

(b) May ask the group home program director to submit a program improvement plan regarding deficiencies cited by the licensure unit.

(2) Based on the evaluation conducted under §A(1)(a) and the results of the plan under §A(1)(b) of this regulation, the Secretary shall either:

(a) Issue a license for a period of 2 years, if the group home:

(i) Has no deficiencies that constitute a threat to the health, safety, or welfare of the individuals served; and

(ii) Complies with the requirements outlined in this chapter and COMAR 10.21.17, 10.21.21, and 10.21.22; or

(b) Propose to deny a license.

(3) If the Secretary takes the action in §A(2)(b) of this regulation, the Secretary shall advise the applicant of hearing rights, as described in Regulation .12 of this chapter.

B. Renewal License.

(1) If a group home licensee proposes to continue to operate, the licensee shall file an application for renewal:

(a) At least 60 days before the expiration of the current license;

(b) With the Department's designated licensure unit, with copies to the CSA and the Administration; and

(c) On the form approved by the Department with the requirement that all questions be answered and all required documents be attached.

(2) Upon receipt of an application for renewal, the Department's designated licensure unit:

(a) Shall conduct an on-site evaluation of the group home; and

(b) May ask the group home program director to submit a program improvement plan regarding deficiencies cited by the licensure unit.

(3) Based on the evaluation under §B(2)(a) and the results of the plan under §B(2)(b) of this regulation, the Secretary shall either:

(a) Issue a license for a period of 2 years, if the group home:

(i) Has operated satisfactorily under the current license; and

(ii) Complies with the requirements outlined in this chapter and COMAR 10.21.17, 10.21.21, and 10.21.22; or

(b) Propose to deny a license.

(4) If the Secretary takes the action in §B(3)(b) of this regulation, the Secretary shall advise the applicant of hearing rights, as described in Regulation .12 of this chapter.

C. Waivers and Variances.

(1) Waivers. The Secretary may not waive the requirements of any regulation adopted under this chapter.

(2) Variances.

(a) The Secretary may grant a variance to a regulation if the Secretary:

(i) Receives a written request from a program; and

(ii) Finds that the intent of the regulation to which a variance is sought is met by the alternative proposed by the program.

(b) The Secretary may not grant a variance that would endanger the health or safety of the individuals served.

(c) The Secretary may grant a variance that:

(i) Remains in effect for as long as the program continues to comply with the conditions under which the variance is granted; or

(ii) Is time limited.

(d) The Secretary shall issue a written decision, including the reason or reasons for granting or not granting the variance, and shall:

(i) Send the decision to the program for inclusion in the program's official file; and

(ii) Enter the decision in the records of the Department.