10a NCAC 27g .0402      LICENSE ISSUANCE

(a)  Applications for licensure shall be requested and completed on the form provided by DFS at least 30 days prior to the planned operation date of a new facility.  Copies of reports, findings or recommendations issued by any accreditation agency and corrective action plans shall be submitted with the application for licensure.

(b)  The content of license applications shall include:

(1)           Name of person (as defined in G.S. 122C-3) submitting the application;

(2)           Business name of facility, if applicable;

(3)           Street location of the facility (including multiple addresses if more than one building at one site);

(4)           Name and title of the operator of the facility;

(5)           Type of facility; services offered; ages served; and, when applicable, capacity and a floor plan showing bed locations and room numbers, any unlocked time-out rooms, and any locked interior or exterior doors which would prohibit free egress of clients; and

(6)           Indication of whether the facility is operated by an area program, is under contract with an area program, or is a private facility; and

(7)           All application for a new license shall disclose the names of individuals who are owners, partners or shareholders holding an ownership or controlling interest of 5% or more of the applicant entity.

(c)  DFS shall conduct an on-site inspection to determine compliance with all rules and statutes.  If the facility is operated by or contracted with an area program, DFS may, in lieu of conducting an on-site inspection, accept written verification from the area program or DMH/DD/SAS that the area program or DMH/DD/SAS has conducted an on-site review and the facility is in compliance with rules and statutes.  The written verification shall be in such form as DFS may require.

(d)  DFS shall issue a license after it determines a facility is in compliance with:

(1)           Certificate of Need law (G.S. 131E-183) and Certificate of Need rules as codified in 10 NCAC 3R .2400, .2500, or .2600, whichever is applicable;

(2)           Building Code and physical plant requirements in these Rules;

(3)           Annual fire and safety and sanitation requirements, with the exception of a day/night or periodic service that does not handle food for which a sanitation inspection report is not required; and

(4)           Applicable rules and statutes.

(e)  Licenses shall be issued to the specific premise for types of services indicated on the application.

(f)  A separate license shall be required for each facility which is maintained on a separate site, even though the sites may be under the same ownership or management.


History Note:        Authority G.S. 122C-3; 122C-23;

Eff. May 1, 1996;

Amended Eff. July 1, 2004.