Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 148 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 8 › Appendix 148-8-1

Current through 2024-29, July 17, 2024
No person shall operate a Shelter for Homeless Children
				  without a license from the department.
Provisional License. A provisional license shall be issued by
				  the department to an applicant who:
Has not previously operated the facility for which the
				  application is made or is licensed but has not operated during the term of that
				  license:
Complies with all applicable laws and rules, except those
				  which can only be complied with once clients are served by the applicant;
				  and
Demonstrates the ability to comply with all applicable laws
				  and rules by the end of the provisional license term.
The provisional license shall be issued for a minimum period
				  of 3 months or a longer period, as deemed appropriate by the department, not to
				  exceed 12 consecutive months.
Full License. The department shall issue a full license to an
				  applicant who complies with all applicable laws and rules. A full license is
				  valid for one year from the date of issuance unless revoked, suspended or made
				  conditional.
Conditional License A conditional license may be issued by
				  the department when the individual or agency fails to comply with applicable
				  law and rules and, in the judgment of the commissioner, the best interest of
				  the public would be so served by issuing a conditional license. The conditional
				  license shall specify when and what corrections must be made during the term of
				  the conditional license.
The conditional license shall be issued for a specific period
				  not to exceed one year, or the remaining period of the previous full license,
				  whichever the department determines appropriate based on the laws and rules
				  violated.
SANCTIONS, AND ADVERSE ACTIONS
Options Available to the Department.
Whenever the department finds that a person operating a
				  Shelter for Homeless Children or an applicant is not in compliance with any
				  applicable rules, the department may take certain actions. The department shall
				  notify the licensee of the opportunity to request an administrative hearing or
				  shall file a complaint with the Administrative Court in accordance with the
				  Maine Administrative Procedure Act,
				   5 MRSA §8001
et seq
.- (pursuant to
				   22 MRSA
				  §7802(3)(D) ).
Refusal to Issue or Renew. When an applicant fails to comply
				  with applicable law and rules, the department may refuse to issue or renew the
				  license.
Issuance of Conditional License. If, at the expiration of a
				  full or provisional license or during the term of a full license, the facility
				  falls to comply with applicable law and rules and, in the judgment of the
				  commissioner, the best interest of the public would be served, the department
				  may issue a conditional license or change a full license to a conditional
				  license.
Voiding a Conditional License. Failure by the conditional
				  licensee to meet the conditions specified by the department shall permit the
				  department to void the conditional license or refuse to issue a full license.
				  The conditional license shall be void when the department has delivered in hand
				  or by certified mail a written notice to the licensee or, if the licensee
				  cannot be reached for service in hand or by certified mail, has left written
				  notice thereof at the agency or facility. The term "licensee" means the person,
				  firm, corporation or association to whom a conditional license has been
				  issued.
Amend or Modify a License. The department may amend or modify
				  a license as referred to in
				   22 MRSA
				  §7802(5)(B).
Emergency Suspension. Whenever, upon investigation,
				  conditions are found which, in the opinion of the department, immediately
				  endanger the health or safety of persons living in or attending a facility, the
				  department may request the Administrative Court for an emergency suspension
				  pursuant to 4 MRSA1153.
Suspension Revocation. Any license issued may be suspended or
				  revoked for violation of applicable law and rules, committing, permitting,
				  aiding or abetting any illegal practices in the operation of the facility or
				  conduct or practices detrimental to the welfare of persons living in or
				  attending the facility.
When the department believes that a license should be
				  suspended or revoked, it shall file a complaint with the Administrative Court
				  as provided in the Maine Administrative Procedure Act.
				   5 MRSA
				  §10001.
Adjudicatory Procedures.
Once the department determines that a licensee is not
				  in-compliance with a regulation and has determined what action shall be taken,
				  the following procedures shall be followed:
Notification of Action and Correction Order. The department
				  shall ensure that every notification of action and correction order is in
				  writing and provided to the licensee sufficiently in advance of the final date
				  of correction, except in cases of emergency, in order to afford a reasonable
				  opportunity to prepare and submit evidence and argument, and to request a
				  hearing if so desired.
Content of Orders. Every such correction order shall be in
				  writing and shall include an identification of the law and regulations
				  violated, reasons for citing the violation, period of time within which the
				  violations must be corrected, notice of the licensee's right to request a
				  hearing if so desired and the consequences of failure to meet conditions or
				  request a hearing.
Sending of orders. Every such correction order shall be sent
				  to the administrative head of the facility and a copy shall be sent to the
				  governing board of the facility.
Request for Administrative Hearing. Within 10 days of receipt
				  of the notification of action the licensee may file a written request with the
				  department for an administrative hearing. If the request for hearing is
				  received within this period, the proposed action will not take effect until
				  after the hearing. In any proceeding determined by the department to involve
				  issues of substantial interest the department shall notify the public in
				  accordance with
				   5 MRSA §9052.
Failure to Request a Hearing. In the event the licensee fails
				  to request a hearing within 10 days of the notice of action, the action, will
				  take effect at the expiration of the 10 day period.
Appeal Procedures: A licensee aggrieved by a court order or
				  hearing decision may appeal the decision by the following means:
Administrative Hearing. A licensee aggrieved by a decision
				  issued as a result of the department's administrative hearing, may file, within
				  30 days of the notice of the decision, a complaint with the Superior Court as
				  provided in
				   5 MRSA
				  §11002.
Administrative Court. A licensee aggrieved by the decision of
				  the Administrative Court shall be entitled to judicial review in Superior Court
				  as provided in
				   5 MRSA
				  §§11001
et
				  seq.
Supreme Judicial Court. A licensee aggrieved by the decision
				  of the Superior Court shall be entitled to judicial review in the Supreme
				  Judicial Court as provided in
				   5 MRSA
				  §11008.
Reapplication Following Adverse Actions.
An applicant who has been denied a license, issued a
				  conditional license or a licensee whose current license has been modified,
				  conditionalized, suspended, revoked, voided or refused for renewal may reapply
				  for a full license when the deficiencies identified by the department have been
				  corrected.