Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 18 - RULES FOR THE LICENSURE OF RESIDENTIAL CHILD CARE FACILITIES › Section 071-18-5 - STATUTORY AND ADMINISTRATIVE

Current through 2024-29, July 17, 2024
A.
				Application/Reapplication for Licensure
(1)
				Application. Any person who intends to operate a Residential Child Care
				Facility shall file an application for a license in a manner and on a form
				prescribed by the Department. The applicant shall be the owner of the facility
				or the person designated as having full responsibility for the administration
				of the agency. Initial contact for the purpose of requesting a license
				application may be made, as appropriate, to one of the three departments
				responsible for licensing.
(2)
				Renewal of License. A facility seeking to renew its current license shall file
				a renewal application in a manner and on a form prescribed by the department
				not less than sixty (60) days prior to the date of expiration of its license.
				When a facility has made timely application for renewal the existing license
				shall remain in effect until the Department takes action on such application.
a. For renewals subsequent to issuance of a
				provisional or conditional license the facility shall submit documentation of
				full compliance with these rules.
b. For all renewals the facility shall submit
				the following documents at the time of re-application:
i. Financial Report. An updated budget and
				financial report which demonstrates the facility's financial capability to
				carry out its program for the licensing period.
ii. Documentation of Changes, Any documentary
				information which has changed since the time of its previous
				application.
iii. Waiver Request,
				Any request for waiver of a particular regulation or renewal of any waiver
				granted under current licensure.
(3) Change of Ownership or Location.
A license shall not be transferable from one licensee to
				  another, one location to another or from one facility to another.
(4) Role of the Department.
a. Issuance of License. Upon receipt of an
				application for a license or renewal thereof, the department shall inform the
				applicant of the steps it will follow in the licensing process which shall
				include interviews, site visits, review of records, and technical assistance
				related to meeting and maintaining licensing requirements. The department shall
				issue a license if it finds the applicant in compliance with these
				rules.
b. Request Fire and Safety
				Inspection. application for a license or renewal thereof, the department shall
				contact the State Fire Marshal's Office to request an inspection of the
				applicant's physical plant to ensure compliance with appropriate state and
				local regulations regarding safety. The department shall request copies of such
				inspection reports.
c. Visits to
				Determine Compliance. Any employee authorized by the department shall, at any
				reasonable time, have the right of entry and may inspect the facility and any
				records required by these rules in order to determine compliance with law and
				with rules established by the department. The employee shall have access, in
				private, to any resident of the facility for the purpose of investigating a
				suspected violation of law and/or rules established by the department. An
				employee authorized by the department may enter a facility which the department
				knows or believes is operated without a license only with the permission of the
				owner or person in charge 'or with a search warrant from the District Court
				authorizing entry and inspection.
d. Availability of Information. The
				department shall have access to any information which the facility is required
				to have under these rules and any information reasonably related to assessment
				of compliance with these rules.