Sec. 14.31.05.05. Licensing Process

A. Initial Inquiries.

(1) An applicant initially shall direct inquiries for obtaining a license to the Governor's Office for Children in accordance with COMAR 14.31.02.

(2) Based upon a completed proposal submitted by the applicant in accordance with COMAR 14.31.02, the Governor's Office for Children shall designate a licensing agency.

(3) The licensing agency shall send an application to the applicant upon referral from the Governor's Office for Children.

B. Application Process.

(1) An applicant shall submit a completed application within 6 months of receipt of the application from the licensing agency.

(2) Within 60 days after receipt of a complete application, authorized staff individuals at the licensing agency shall:

(a) Evaluate the application, including consideration of the factors listed in COMAR 14.31.02.08A;

(b) Inspect the proposed physical plant; and

(c) Propose to issue or deny the license.

C. Valid License. Unless revoked or suspended, a license is valid for a period of 2 years.

D. Separate License. A license is valid only for the program and the physical plant specified in the license application. A licensee shall obtain a separate license for each physical plant where a program is located.

E. False Information. A licensing agency may deny a new license or a renewed license if the applicant or licensee knowingly provides false information to the licensing agency or the Interagency Rates Committee.

F. Expansion.

(1) A licensee may not expand the number of beds for which it is licensed, unless the licensee:

(a) Has been serving children in the program without suspension or revocation and has not been subject to a corrective action plan regarding matters concerning the health and safety of children for at least 1 year; and

(b) Has written permission from its licensing agency.

(2) A licensee who does not meet the conditions of §F(1)(a) and (b) of this regulation shall seek a waiver under Regulation .11 of this chapter to expand a program.

G. A licensee may operate more than one program in the same facility if the programs are:

(1) Individually licensed, and the licenses for each program specifically allow for the licensure of the other program in the same facility; and

(2) Operated as discrete programs with clear separation of the children in each program.

H. License Renewal.

(1) A licensee seeking renewal of its license shall submit to the licensing agency a license renewal application 120 days before its license expires.

(2) The licensing agency shall propose to grant or deny a completed renewal application within 60 days of its determination that the application is complete.

(3) If the licensing agency is unable to redetermine the licensee's eligibility before the license expires, the licensing agency shall extend the license expiration date until the renewal application process is completed in accordance with the requirements of State Government Article, §10-226, Annotated Code of Maryland.

(4) If the licensing agency renews a license to the licensee, the licensee shall return the expired license to the licensing agency.

I. Program Closure. When a licensee closes its program, the license is invalid. Before the licensee closes its program, the licensee shall:

(1) Inform the licensing agency and any agency that has placed children in the program at least 30 days in advance of the closing;

(2) Submit a written plan for the removal of children from the program to the licensing agency for approval;

(3) Implement the plan for the removal of children subject to the oversight of the licensing agency; and

(4) Return the license to the licensing agency on the day the program closes.

J. Proposed License Denial. If the licensing agency proposes to deny an application for a license or renewal of a license under §E of this regulation, the licensing agency shall give written notice to the applicant or the licensee of the proposed denial that includes:

(1) The facts that warrant the proposed denial of the license or renewal of the license;

(2) Citation to the regulations upon which the proposed denial is based; and

(3) Notification that, before the denial of the license or renewal of the license, the applicant or licensee may request a hearing under the provisions of Regulation .10 of this chapter.