Sec. 13a.15.02.04. Provisional and Conditional Status

A. Provisional Status.

(1) Except as provided in §A(2) of this regulation, to allow an applicant for an initial or a continuing registration additional time to meet all applicable requirements, the office may approve an initial or a continuing registration on a provisional basis for a period of up to 120 days after determining that the health and safety of the children in care are not in imminent danger.

(2) An initial registration may not be approved if the office has not yet received evidence that the applicant and, as applicable, each individual specified in Regulation .02B(5) and (6) of this chapter has successfully passed a federal and State criminal background check and a review of child and adult abuse and neglect records.

(3) At the end of the provisional period, if all requirements for the initial or continuing registration are not met due to:

(a) Failure by the applicant to take an action necessary to achieve compliance, the office shall deny the application for registration; or

(b) Circumstances beyond the control of the applicant, the office may reapprove the provisional status of the registration for one or more additional periods of up to 120 days per period, except that provisional registration status may not be continued for more than 24 months after the start of the first provisional period.

(4) If the office denies a certificate of registration at the end of the provisional period, the applicant or provider does not have a valid registration and shall cease operating.

B. Conditional Status.

(1) If a provider who holds a continuing registration fails to remedy a violation as required, the office may place the registration on conditional status for:

(a) A period of up to 120 days; and

(b) Upon approval by the Agency's central office, an additional period of up to 120 days.

(2) Upon placing a continuing registration on conditional status, the office shall issue to the provider a revised certificate of registration that states the:

(a) Placement of the registration on conditional status;

(b) Period of time of the conditional status; and

(c) Requirements for lifting the conditional status.

(3) Immediately upon receipt of the revised certificate of registration, the provider shall:

(a) Remove from display in the home the certificate of continuing registration that was originally issued; and

(b) Display the revised certificate as required by Regulation .01D of this chapter.

(4) If the provider satisfies all requirements for lifting the conditional status within the specified period of time, the office shall promptly:

(a) Discontinue the conditional status; and

(b) Notify the provider to redisplay the original certificate of continuing registration.

(5) If the provider fails to satisfy all requirements for lifting the conditional status within the specified period of time, the office may suspend or revoke the continuing registration.