Section 75-03-40-03 - Application for license1. Applicants must be accredited and in good standing with one of the department-approved national accreditation bodies.2. A person may not apply for a license to operate a facility under this chapter until the department has reviewed the need for the additional residential placement resources. To enable the department to make a determination of need for a new qualified residential treatment program facility, the potential applicant shall submit an initial request for application, including the following documentation and information to the department: a. A detailed plan for the operation of the proposed qualified residential treatment program which includes: (1) The number, sex, and age range of the residents to be served;(2) The needs or disabilities of residents to be served;(3) The employee staffing, including a list of full-time and part-time positions by job titles and description;(4) A description of the proposed program and treatment goals;(5) A proposed budget; and(6) The location of the facility and a drawing of the layout of the physical plant.b. A detailed written description of the methodology and findings that document the reasons why the unserved children under subsection 2 may not be served satisfactorily in a less restrictive setting.c. Data to support that existing qualified residential treatment program placement resources are not adequate to meet the needs of children who require the type or types of care, are North Dakota residents, and require the treatment services the applicant proposes to provide.3. Upon receipt of initial request for application, the department shall:a. Review the potential applicant's information and may ask for additional materials or information necessary for evaluation of need purposes;b. Respond in writing within ninety days of receipt of all required information from the potential applicant;c. Send written notice of determination of need. The notice must state the specific reason for the determination. If the department determines there is need for additional qualified residential treatment program beds, the notice must be accompanied by an authorization for the person to apply for a license to operate a new qualified residential treatment program; andd. Inform the potential applicant of what is required to move forward with the application process.4. An application for a facility license must be submitted to the department annually in the form and manner prescribed by the department, which shall initiate an annual onsite visit.5. The applicant shall carry general comprehensive liability insurance.6. For purposes of time limits for approval or denial, an application is received by the department when all required information and documents have been received by the department. The department shall notify an applicant if an application is incomplete.7. The department may declare an application withdrawn if an applicant fails to submit all required documentation within sixty days of notification.N.D. Admin Code 75-03-40-03
Adopted by Administrative Rules Supplement 374, October 2019, effective 10/1/2019.Amended by Administrative Rules Supplement 2024-392, April 2024, effective 4/1/2024.General Authority: NDCC 50-11-03
Law Implemented: NDCC 50-11-01, 50-11-02, 50-11-03