10A NCAC 13G .0202      THE LICENSE

(a)  Except as otherwise provided in Rule .0203 of this Subchapter, the Department of Health and Human Services shall issue a family care home license to any person who submits an application on the forms provided by the Department with a non-refundable license fee as required by G.S. 131D-2(b)(1) and the Department determines that the applicant complies with the provisions of all applicable State family care home licensure statutes and rules.  All applications for a new license shall disclose the names of individuals who are co-owners, partners or shareholders holding an ownership or controlling interest of five percent or more of the applicant entity.

(b)  The license shall be conspicuously posted in a public place in the home.

(c)  The license shall be in effect for 12 months from the date of issuance unless revoked for cause, voluntarily or involuntarily terminated, or changed to provisional licensure status.

(d)  A provisional license may be issued in accordance with G.S. 131D-2(b).

(e)  When a provisional license is issued, the administrator shall post the provisional license and a copy of the notice from the Division of Health Service Regulation identifying the reasons for it, in place of the full license.

(f)  The license is not transferable or assignable.

(g)  The license shall be terminated when the home is licensed to provide a higher level of care or a combination of a higher level of care and family care home level of care.


History Note:        Authority G.S. 131D-2.4; 131D-2.7; 131D-2.16; 131D-4.5; 143B-165;

Eff. January 1, 1977;

Readopted Eff. October 31, 1977;

Amended Eff. April 1, 1984;

Temporary Amendment Eff. January 1, 1998;

Amended Eff. April 1, 1999;

Temporary Amendment Eff. December 1, 1999;

Amended Eff. July 1, 2000;

Temporary Amendment Eff. July 1, 2004;

Amended Eff. July 1, 2005.