D.C. Mun. Regs. r. 22-A3808

Current through Register Vol. 71, No. 25, June 21, 2024
Rule 22-A3808 - NINETY-DAY PROVISIONAL LICENSE FOR NEWLY LICENSED FACILITIES: ISSUANCE, RENEWAL, AND ACTION UPON EXPIRATION
3808.1

All Applicants approved by the Director for a new MHCRF license shall receive a ninety (90) day provisional license.

3808.2

The Director shall conduct at least one (1) inspection of the facility within ninety (90) days after it begins to operate to assess whether the facility and its operations are in compliance with this chapter.

3808.3

The Director may, in his or her discretion, renew a provisional license once for up to an additional ninety (90) days for a MHCRF that is not in full compliance with this chapter; provided The MHCRF is taking action to correct cited deficiencies in accordance with a mutually agreed-upon timetable.

3808.4

The Director may issue a regular license for not to exceed one (1) year from the date the initial provisional license was issued to a MHCRF that is in full compliance with the requirements of this chapter, as determined by the Director.

3808.5

Upon expiration of the provisional license, including an extension under § 3808.3, the Director shall deny a regular license if the MHCRF fails to demonstrate compliance with this chapter.

3808.6

If the Director denies an Applicant a regular license or renewal of a provisional license pursuant to §§ 3808.3 or 3808.5, the Applicant may make a written request for reconsideration to the Director within ten (10) days after service of the notice.

3808.7

Upon receipt of a request for reconsideration pursuant to § 3808.6, the Director shall hold an informal hearing within the Department within fifteen (15) days to consider the request. The Director shall provide reasonable notice to the Applicant of the date and time of the informal hearing and any applicable hearing procedures.

3808.8

At the informal hearing, the Applicant shall have an opportunity to present written and oral statements to the Director in response to the notice of license denial.

3808.9

The Director shall notify the Applicant in writing of the Director's determination on the request for reconsideration within ten (10) days after the informal hearing, and shall include the reasons if the license denial is upheld.

3808.10

The Director's determination pursuant to § 3808.9 shall be final. In his or her discretion, the Director may extend the license for a reasonable period of time to ensure the safe discharge of residents in accordance with Section 3861.

3808.11

If the MHCRF has previously held a regular license for the facility, the procedures set forth in § 3815 through § 3821 shall apply to actions by the Director to non-renew, revoke, suspend, convert, or deny a license.

D.C. Mun. Regs. r. 22-A3808

Final Rulemaking published at 64 DCR 1633 (2/16/2018)