Sec. 10.22.02.02. Application for Initial License or Renewal

A. To obtain and maintain a license, an applicant shall, at a minimum:

(1) Except for local health departments, be properly organized as a Maryland corporation, a forensic residential center (FRC), or a State residential center (SRC), or, if operating as a foreign corporation, be properly registered to do business in Maryland;

(2) Have a governing body that is legally responsible for overseeing the management and operation of all programs conducted by the licensee;

(3) Have a governing body that is legally responsible for ensuring that each aspect of the licensee's program operates in compliance with all of the requirements of this chapter and all other applicable laws and regulations; and

(4) Except for currently licensed providers, demonstrate the capability to provide or arrange for the provision of all applicable services required by this chapter by submitting, at a minimum, the following documents to the Department:

(a) A business plan that clearly demonstrates the ability of the applicant to provide services in accordance with this chapter;

(b) A summary of the applicant's demonstrated experience in the field of developmental disabilities;

(c) Prior licensing reports issued within the previous 10 years from any in-State or out-of-State entity associated with the applicant, including deficiency reports and compliance records; and

(d) A written quality assurance plan approved by the Administration in accordance with Regulation .14 of this chapter; and

(5) If currently licensed, produce, upon written request from the Administration, the document required under §A(4) of this regulation.

B. An applicant shall file an application for a license or license renewal on a written or electronic form provided by the Administration. An existing licensee shall file an application for renewal at least 60 days before expiration of its existing license. The license does not expire until the Director takes an action under §D of this regulation and the time for seeking judicial review or any judicial stay of the final action expires.

C. The administrative head of the corporation or two of its officers, local health officer, or SRC director, shall submit the application.

D. When an application for initial licensure or renewal is submitted, the Director may:

(1) Approve the application unconditionally and issue a license;

(2) Approve the application with conditions and issue a license;

(3) Deny the application for any reason including if an applicant has had a:

(a) License revoked by the Department within the previous 10 years; or

(b) Corporate officer who has served as a corporate officer for a licensee that has had a license revoked by the Department within the previous 10 years; or

(4) Require additional information before a licensure decision is made.

E. Hearing Request.

(1) If the Director proposes to deny a license under this section, the Director shall notify the applicant in writing of the proposed decision and inform the applicant of the reason for the proposed denial and the right to a hearing.

(2) A request for a hearing, including a copy of the Director's action, shall be filed with the Office of Administrative Hearings with a copy to the Administration not later than 30 days after receiving notice of the Director's proposed action.

(3) A hearing requested under this chapter shall be conducted in accordance with State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland, and COMAR 28.02.01 and 10.01.03.

(4) The burden of proof is as set forth in COMAR 10.01.03.28.

(5) Unless otherwise stated in this chapter, the Office of Administrative Hearings shall issue a proposed decision within the time frames set forth in COMAR 28.02.01.

(6) The aggrieved person may file exceptions as set forth in COMAR 10.01.03.35.

(7) A final decision by the Secretary shall be issued in accordance with COMAR 10.01.03.35.

F. Voluntary Surrender of License.

(1) If a licensee intends to voluntarily surrender its license, the licensee shall submit a closure schedule which the Director shall approve before the surrender becomes effective.

(2) The licensee shall submit a schedule for closure to the Director, in writing, at least 90 days before surrendering its license.

(3) The Director may grant the requested closure schedule as submitted, or require the licensee to continue to operate for an additional 90 days to allow the Administration time to plan for the continued provision of services to the individuals served by the licensee.

(4) The Administration shall notify appropriate individuals and proponents of the licensee's intent to surrender its license and of the Director's approved closure schedule.

G. The licensee may terminate services to an individual for good cause only with the written approval of the Director. The licensee shall:

(1) Notify the Director in writing 90 days before the date it proposes to terminate services to an individual;

(2) Notify the individual, and proponent, when appropriate, in writing, of its intent to terminate services and the individual's right to a hearing under COMAR 10.22.16, within the same time frame set forth in §G(1) of this regulation, and provide copies of that notice at that time to the appropriate regional office and members of the individual's team; and

(3) Consider the service terminated, if an individual is absent from a service for 60 consecutive days, unless otherwise determined by the Director.