North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-04 - Developmental Disabilities › Chapter 75-04-01 - Licensing of Programs and Services for Individuals with Intellectual Disabilities - Developmental Disabilities › Section 75-04-01-09 - Restricted license

Current through Supplement No. 393, July, 2024
1. A restricted
				license may be issued to a licensee with an acceptable plan of correction
				notwithstanding a finding of noncompliance with the rules of the department and
				North Dakota Century Code section 25-16-03. A restricted license must not be
				issued to a licensee whose practices or facilities pose a clear and present
				danger to the health and safety of individuals with developmental disabilities,
				including fire safety requirements as evidenced in writing by the fire marshal,
				negligent or intentional misrepresentations to the department regarding any
				aspect of the licensee's operations, or any violation that places a client's
				life in danger.
2. A restricted
				license may be issued for any or all services provided or facilities operated
				by an applicant or licensee as determined by the department.
3. Upon a finding that the licensee is not in
				compliance , the department shall notify the licensee, in writing, of its
				intent to issue a restricted license. The notice must provide the reasons for
				the action, the specific services that are affected by the restricted license,
				and describe the corrective actions required of the licensee.
4. The licensee shall, within ten days of the
				receipt of notice under subsection 3, submit to the department, on a form
				provided, a plan of correction. The plan of correction must include the
				elements of noncompliance, a description of the corrective action to be
				undertaken, and a date certain of compliance. The department may accept,
				modify, or reject the licensee's plan of correction and shall notify the
				licensees of their decision within thirty days. If the plan of correction is
				rejected, the department shall notify the licensee that the license has been
				revoked. The department may conduct periodic inspection of the facilities and
				operations of the licensee to evaluate the implementation of a plan of
				correction.
5. The department shall
				terminate a restricted license and issue an unrestricted license to the
				licensee upon successful completion of an accepted plan of correction, as
				determined by the department.
6. A
				restricted license may be issued for any period not exceeding one year. A
				restricted license may be renewed for an additional six months only upon the
				department's determination the licensee has made significant progress toward
				meeting the standards identified in the plan of correction or the licensee has
				shown good cause for failure to implement the plan of correction. A restricted
				license is nontransferable and valid only for the facilities or services
				identified thereon. Notice of the granting of a restricted license, or of a
				decision to modify or reject a plan of correction, may be appealed in the same
				manner as a notice of revocation of a license.
General Authority:
NDCC 25-16-06,
					 50-06-16
Law Implemented:
NDCC
					 25-16-03