N.D. Admin. Code 75-03-34-02

Current through Supplement No. 395, January, 2025
Section 75-03-34-02 - Licensing
1. An assisted living facility shall apply to the department for a license in the form and manner prescribed by the department. The department shall notify a licensed assisted living facility of the need to renew its license at least sixty days prior to expiration of that license. The notice must include the form required to renew a license.
2. An application for a license is not complete until the applying assisted living facility submits all required information and verification to the department.
3. The department shall approve or deny an application for a license within thirty days of the department's receipt of complete application materials from an assisted living facility.
4. In order to receive and maintain a license, an assisted living facility shall:
a. Pay a licensing fee of seventy-five dollars to the department annually. The licensing fee shall not be prorated nor is any part refundable;
b. Maintain a written agreement with each tenant that includes the rates for rent and services provided to the tenant, payment terms, refund policies, rate changes, tenancy criteria, and living unit inspections;
c. Provide each tenant with written notice of how a tenant may report a complaint regarding the assisted living facility, which includes the telephone number of the department's senior info-line and the address of the aging services division of the department; and
d. Certify that operation of its facility is in compliance with all applicable federal, state, and local laws and, upon request, make available to the department copies of current certifications, licenses, permits, and other similar documents evidencing compliance with such laws.
5. A license is valid for the calendar year in which it is issued. A license is not subject to sale, assignment, or other transfer, voluntary or involuntary. A license is not valid for any premises or entity other than those for which it was originally issued.
6. An assisted living facility must submit to the department a complete application and materials for license renewal at least thirty days before the expiration of the current license. An assisted living facility is subject to the same requirements and has the same responsibility to furnish information for a renewal of its license as it did during its initial application.
7. An assisted living facility shall display its license in a conspicuous place on its premises.
8. No more than two people may occupy one bedroom of each living unit of an assisted living facility.

N.D. Admin Code 75-03-34-02

Effective January 1, 2002; amended effective March 1, 2004; July 1, 2006.
Amended by Administrative Rules Supplement 2022-386, October 2022, effective 10/1/2022.

General Authority: NDCC 50-32-03

Law Implemented: NDCC 50-32-02