Section 33-03-29-07 - Criteria for adverse licensure actions1. Adverse licensure actions include determinations to deny the issuance of an initial license, or to deny the issuance of a renewal of a license of a residential care facility for children with autism. 2. A determination by the department to take adverse licensure action against a residential care facility for children with autism may be based on a finding that one or more of the following criteria are met: a. The residential care facility for children with autism has failed to meet the standards specified in this chapter. b. The existing residential care facility for children with autism is operating, or the applicant intends to operate, with personnel which are insufficient in number or unqualified by training or experience to properly care for the number and type of residents in the facility. c. The residential care facility for children with autism is not under direct supervision of an administrator or an individual assigned to carry out the administrative responsibilities. d. The residential care facility for children with autism has committed either of the following actions: (1) The residential care facility for children with autism has inappropriately converted for its own use the property of a resident. (2) The residential care facility for children with autism has secured property, or a bequest of property, from a resident or family by undue influence. e. The residential care facility for children with autism submitted false information either on the licensure or renewal application forms or during the course of an inspection or survey of the residential care facility for children with autism. f. The residential care facility for children with autism has refused to allow an inspection or survey of the facility by agents of the department. g. The facility employs personnel, has practices or procedures, or construction hazards which would be detrimental to the health, safety, or well-being of residents. 3. The department shall consider all available evidence at the time of the determination, including the history of the residential care facility for children with autism and the applicant in complying with this chapter, notices of violations which have been issued to the residential care facility for children with autism and the applicant, findings of surveys and inspections, and evidence provided by the residential care facility for children with autism, residents, law enforcement officials, and other interested individuals. N.D. Admin Code 33-03-29-07
Effective February 1, 1992.General Authority: NDCC 23-09.4-02, 23-09.4-07
Law Implemented: NDCC 23-09.4-02, 28-32-05.1