Sec. 10.21.22.04. Process for Annual Approval of a Residence

A. Annual Review of a Residence. Within not more than 1 year from the date of the last certificate of approval of a residence, the residential specialist, using the residential checklist, shall:

(1) Conduct an on-site evaluation to:

(a) Inspect the residence for continued compliance with:

(i) The documentation required under Regulation .03C(1)(b) of this chapter; and

(ii) Site requirements outlined in Regulation .05 of this chapter, using the residential checklist;

(b) Document residents' assessment of the residence and of services described in Regulations .05, .08, and .09 of this chapter through face-to-face interviews, in an RRP residence of:

(i) One to three residents, with at least one individual; or

(ii) Four or more residents, with at least 30 percent of the individuals living in the residence; and

(c) Verify, when appropriate:

(i) Residents' collection of entitlements; and

(ii) The program's fee collections;

(2) Based on the inspection conducted under §A(1)(a) of this regulation, issue the certification or notice described in Regulation .03C(4)(a) of this chapter to the RRP program director, with copies to the:

(a) PRP program director; and

(b) Director of the CSA; and

(3) Notify the RRP program director, in writing, of significant information collected under §A(1)(b) or (c) of this regulation.

B. Notice of Noncompliance with Site Requirements. If the residential specialist finds that the residence is not in compliance with a site requirement or requirements outlined in Regulation .05 of this chapter, the residential specialist shall:

(1) If the deficiency does not pose an imminent risk to the health, safety, or welfare of an individual served:

(a) Give the RRP program director written notice of provisional approval, identifying the deficiency and the time frame, of not more than 30 days, to correct the deficiency; and

(b) If necessary, reinspect the residence to determine compliance;

(2) If the deficiency poses a risk to the health, safety, or welfare of an individual served;

(a) Give the RRP program director written notice that the Department intends not to approve the residence, citing the reason for the disapproval, with copies to the:

(i) PRP program director; and

(ii) Director of the CSA; and

(b) Request corrective action within 24 hours;

(3) If the deficiency cited under:

(a) §B(1) of this regulation is within 30 days:

(i) Corrected, issue a certificate of general approval; or

(ii) Not corrected, reevaluate the approval status of the residence and provide that information to the Department's designated approval unit for consideration when evaluating the approval status of the RRP; and

(b) Section B(2) of this regulation is not corrected within 24 hours, give the RRP program director, with copies to the PRP program director and Director of the CSA, written notice of:

(i) The emergency suspension of the approval of the residence, under State Government Article, §10-226, Annotated Code of Maryland;

(ii) Hearing rights, as provided in COMAR 10.21.16.11; and

(iii) The obligation to relocate residents according to the provisions of §C of this chapter.

C. Relocation of Residents. If approval of a residence is suspended under the provisions of §B(3)(b) of this regulation, the RRP director shall relocate residents according to the plan adopted under Regulation .05D of this chapter.

D. Extension of Approval Status of a Residence. If the residential specialist does not complete a site inspection before an on-site review by the Department's designated approval unit, the Secretary shall maintain the RRP's existing approval status, pending receipt of the residential specialist's determination of approval status of a residence or residences.