Section 29-6206. TYPES OF LICENSES  


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    6206.1All facilities, whether public or private, for profit or not for profit, shall be licensed in accordance with this Chapter no later than six (6) months after the effective date of this Chapter, provided however that the continued operation of a facility pending action by the licensing agency on an application for an original license or the renewal of an annual license shall not be deemed unlawful if a completed application timely was filed but, through no fault of the facility, the licensing agency failed to act on the application before the expiration of the facility's authorized period of operation. A facility operating under this section shall comply with all other provisions of this Chapter.

     

    6206.2An annual license permits a facility to operate a youth residential facility pursuant to the terms of this Chapter and sets forth the conditions under which the facility may operate. An annual license shall be valid for a period of no longer than one (1) year from the date it is issued. As provided in § 6209, an original annual license is the initial annual license for a new facility. As provided in § 6210, a facility obtains a subsequent annual license by applying for the renewal of an annual license.

     

    6206.3As provided in this Chapter, the applicable licensing agency may:

     

    (a)Modify an existing license;

     

    (b)Grant a facility a variance;

     

    (c)Impose civil fines, penalties, and related costs against a facility;

     

    (d)Convert a license to a provisional license;

     

    (e)Convert a license to a restricted license;

     

    (f)Suspend an existing license; or

     

    (g)Revoke an existing license.

     

    6206.4A provisional license allows the facility to continue operating while attempting to satisfy the requirements of an annual license. A provisional license shall expire in no more than ninety (90) calendar days and shall be renewed no more than once (1).

     

    6206.5A restricted license allows the facility to continue operating but prohibits the facility from accepting new residents or providing certain specified services that it otherwise would be authorized to provide. A restricted license shall expire in no more than ninety (90) calendar days and shall not be renewed.

     

    6206.6As provided in § 6211, the applicable licensing agency may modify any existing license if the facility intends to operate under conditions which are different than those provided in the existing license. A facility whose license has been modified shall comply with the provisions of this Chapter.

     

    6206.7As provided in § 6212, the applicable licensing agency may grant a facility permission to depart from a requirement of this Chapter. The applicable licensing agency may approve such a variance upon showing of hardship and manifest public need, provided that the variance is not deleterious to the residents' health, safety, or welfare.

     

source

Final Rulemaking published at 48 DCR 8675, 8685 (September 21, 2001).