16 Del. Admin. Code § 3315-3.0
Current through Register Vol. 28, No. 3, September 1, 2024
Section 3315-3.0 - Licensing Requirements and Procedures3.1 No person shall establish, conduct or maintain in this State any FCH without first obtaining a license from the Department. 3.1.1 Issuance of Licenses 3.1.1.1 Initial License 3.1.1.1.1 An initial license approval will be granted to those applicants who meet the requirements for licensure.3.1.1.1.2 Once an initial license approval has been issued the applicant may accept residents.3.1.1.1.3 An initial license shall be issued when the first resident moves in and shall be for a term of six (6) months, during which a follow-up inspection will be conducted. If the applicant meets the licensing requirement at that time an annual license for the remainder of the licensure year will be issued.3.1.1.1.4 If the applicant does not meet the requirements but shows the ability to meet the requirements a provisional licensed may be issued for a period of 90 days pending the implementation of the corrective actions.3.1.1.2 Provisional License: 3.1.1.2.1 A provisional license may be granted for a period of 90 days to an FCH that, after inspection by the Department, is not in substantial compliance with these rules and regulations but has demonstrated the ability and willingness to comply within the 90-day period.3.1.1.2.2 The Department shall designate the conditions and the time period under which a provisional license is issued.3.1.1.2.3 A provisional license may not be renewed unless a Plan for Corrective Action has been approved by the Department and implemented by the FCH.3.1.1.2.4 A license will not be granted pursuant to 3.1.1.2 after the provisional licensure period to any FCH that is not in substantial compliance with these rules and regulations.3.1.1.3 Annual License: 3.1.1.3.1 A license shall be granted, for a period of one year (12 months), to all FCHs which are and remain in substantial compliance with these rules and regulations.3.1.1.3.2 A license shall be effective for a twelve-month period following date of issue and shall expire one year following such date, unless it is: modified to a provisional license, suspended, revoked, or surrendered prior to the expiration date.3.1.1.3.3 FCHs must apply for licensure at least 30 days prior to the expiration date of the license.3.1.1.3.4 A license will not be issued to an FCH which is not in substantial compliance with these regulations and/or whose deficient practices present an immediate threat to the health and safety of its residents.3.1.2 Suspension or Revocation of Licenses 3.1.2.1 The Department may suspend or revoke a license issued under this chapter for good cause, including but not limited to the following: 3.1.2.1.1 Violation of any of the provisions of these rules and regulations or 16 Del.C. Ch. 11.3.1.2.1.2 Deficiencies which present a threat to the health and safety of residents.3.1.2.1.3 Permitting, aiding, or abetting the commission of any illegal act in the FCH.3.1.2.1.4 Conduct or practices detrimental to the welfare of the resident.3.1.2.1.5 Refusal to allow the Department access to the FCH to conduct surveys/investigations as deemed necessary by the Department.3.1.2.2 Before any license issued under this chapter is suspended or revoked, the Department shall give 10 calendar days written notice to the holder of the license, during which (s)he may appeal for a hearing before the Secretary of the Department or her/his designee.3.1.2.3 The holder of the license may, within such 10-day period, give written notice of her/his desire to have a hearing. Proceedings in regard to such hearing shall be conducted in accordance with provisions for case decisions as set forth in 29 Del. C. Ch. 101 and in accordance with applicable rules and regulations of the Department.3.1.3 Fees 3.1.3.1 Fees shall be in accordance with 16 Del.C. Ch. 11.3.1.4 A license is not transferable from person to person or from one location to another.3.1.5 The license shall be posted in a conspicuous place on the licensed premises.3.2 Inspection 3.2.1 Every FCH for which a license has been issued under this chapter shall be periodically inspected by a representative of the Department.3.3 Application Process 3.3.1 All persons or entities applying for a license shall request a licensure application from the Department.3.3.2 The issuance of an application form is in no way a guarantee that the completed application will be accepted or that a license will be issued by the Department.3.3.2 Applicants shall submit, to the Department, the names, ages and relationship to the family care provider of each person living in the home.3.4 Financial Requirement 3.4.1 Each family care provider shall submit financial documentation to the Department that will be used solely to determine financial capability.16 Del. Admin. Code § 3315-3.0
18 DE Reg. 569( 1/1/2015) (Final)