Section 75-03-21-03 - License1. Issuance of a license to operate a facility indicates compliance with the required standards, rules, and laws at the time of issuance.2. A license is nontransferable.3. A license is valid only for the individual or individuals named and the premises described on the license.4. A license is valid only for the maximum number of residents and gender makeup for which the facility is licensed.5. An initial license is valid for no longer than twelve months from the date of issuance.6. A license that is issued after the initial licensing period has expired is valid for no longer than twenty-four months from the date of issuance or the date of expiration of the provider's status as a qualified service provider, whichever occurs first.7. A provider may obtain both a license to operate a facility and a license as a family foster care home for children, but may not provide services to both adults and children simultaneously without prior written approval from the department.8. If the private residence of a native American family, not subject to the jurisdiction of the state of North Dakota for licensing purposes, is located on a recognized Indian reservation in North Dakota, an affidavit from an agent of the tribal agency or an appropriate tribal officer may be accepted in lieu of a licensing procedure if the affidavit represents the following:a. That an investigation of the facility was completed by the tribe's agency or tribal council.b. That the prospective facility is in compliance with the standards required by North Dakota Century Code section 50-11-02 and this chapter.9. If the private residence of an active duty military family, not subject to the jurisdiction of the state of North Dakota for licensing purposes, is located on a recognized military base in North Dakota, an affidavit from an agent of the base agency or other appropriate military officer may be accepted in lieu of a licensing procedure if the affidavit represents the following: a. That an investigation of the facility was completed by the military base's agency.b. That the prospective facility is in compliance with the standards required by North Dakota Century Code section 50-11-02 and this chapter.N.D. Admin Code 75-03-21-03
Effective May 1, 1992; amended effective May 1, 1995; March 1, 1997;April 1, 1999; September 1, 2004; October 1, 2012.General Authority: NDCC 50-06-16, 50-11
Law Implemented: NDCC 50-11-03