Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 117 - REGULATIONS GOVERNING THE LICENSING AND FUNCTIONING OF ADULT DAY SERVICES PROGRAMS › Section 144-117-3 - Renewal of, Loss of, Temporary & Conditional Licenses

Current through 2024-29, July 17, 2024
3.1
Right of Entry and
				Inspection.
The Department and any duly designated representative
				thereof shall have the right to enter upon and into the premises of any
				licensed program site pursuant to these regulations at any time, in order to
				determine the state of compliance with the provisions of regulations in force
				pursuant thereto. Such right of entry and inspection shall extend to any
				premises which the Department has reason to believe is being operated or
				maintained as an Adult Day Services Program without a license, but no such
				entry or inspection of any premises shall be made without the permission of the
				owner or person in charge thereof unless a warrant is first obtained from the
				court of jurisdiction authorizing the same. Any application for a license made
				pursuant to these regulations shall constitute permission for, and complete
				acquiescence in, any entry or inspection of the premises for which the license
				is sought in order to facilitate verification of the information submitted or
				in connection with such application.
3.2
Provisional
				License
.
The Department shall issue a
				provisional license for a minimum period of three (3) months or longer as
				deemed necessary by the Department but not to exceed twelve (12) months when an
				applicant complies with all applicable laws and regulations, except those which
				can only be complied with once consumers are served by the applicant, and the
				applicant demonstrates the ability to comply with all applicable laws and
				regulations by the end of the provisional term. The Department may reissue a
				provisional license for up to another twelve (12) months if no consumers were
				served during the first twelve (12) months of operation. A provisional license
				may also be issued to a provider who has not previously operated the program
				for which the application is made or is licensed. A provisional license may
				also be issued if the applicant meets the criteria for default licensing as
				stated in section 2.6. No provisional license shall be extended beyond
				twenty-four (24) consecutive months.
3.3
Refusal to Issue a License.
The Department shall refuse to issue a license to the applicant identified in
				the application if it finds the representation made in the application to be
				materially incorrect or insufficient, or if it finds that the applicant or
				designated administrator of the program does not meet all requirements of law
				and regulations.
3.4
Renewal
				of License.
At least thirty (30) days prior to the expiration of a
				license to operate an Adult Day Services Program, an application and the
				required fee for a renewal thereof shall be submitted to the Department on a
				form supplied by the Department, and accompanied by such additional information
				as may be required. Upon receipt and review of applications and determination
				of compliance with the requirements of the Maine Revised Statutes Annotated and
				any regulations adopted pursuant thereof, the Department shall renew such
				license for a period of one (1) year, unless it finds that there are specific
				and sufficient grounds either for the denying of the application for renewal or
				for renewing the license on a temporary or conditional basis. If timely
				application for renewal is made, the existing license shall continue until a
				final decision on the renewal is made.
3.5
Conditional License.
A
				conditional license or approval 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 or approval. The conditional license or
				approval shall specify when and what corrections must be made during the term
				of the conditional license or approval, which shall not exceed twelve (12)
				months.
3.6
Suspension,
				Revocation or Refusal to Renew a License.
The Department may suspend,
				revoke or refuse to renew a full, provisional or conditional license for
				violation of applicable laws and regulations; for committing, permitting,
				aiding or abetting any illegal practices in the operation of the program; or,
				for conduct or practices detrimental to the welfare of consumers participating
				in the program. Notice of the Department's decision shall be given in writing
				to the program administrator, stating the reasons and notifying the provider of
				the appeal process specified in this Chapter. The Department will notify all
				consumers and their legal representatives of any such action and allow thirty
				(30) days for orderly closure. If, in the opinion of the Department, the health
				and safety of consumers is in immediate danger, the Department may cause the
				immediate closure by filing a verified complaint with the District Court
				seeking summary action pursuant to
				 4 M.R.S.A.
				§184.
3.7
Appeal Rights.
Any Adult Day
				Services Program aggrieved by the Department's decision to take any of the
				following actions may request an administrative hearing to refute the basis of
				the Department's decision, as provided by the Maine Administrative Procedures
				Act,
				5 M.R.S.A.
				§§9051,
et
seq
. Administrative hearings will be held in
				conformity with the Department's Administrative Hearing Regulations Manual. A
				request for a hearing must be made, in writing, to the Assistant Director of
				the Division of Licensing and Certification, Community Services Programs, State
				House Station 11, Augusta, Maine 04333 and must specify the reason for the
				appeal. Any request must be mailed within ten (10) working days from receipt of
				the Department's decision to:
3.7.1 Issue a
				Conditional license;
3.7.2 Amend or
				modify a license;
3.7.3 Void a
				Conditional license;
3.7.4 Refuse
				to issue or renew a full license;
3.7.5 Refuse to issue a Provisional
				license;
3.7.6 Revoke or suspend a
				license;
3.7.7 Deny a request of a
				waiver of a rule.