Rule 290-9-37-.29 - Licenses(1) The governing body of each Community Living Arrangement shall obtain a valid license or provisional license from the Department prior to beginning operation. To be eligible for a license the residence must be in compliance with these rules.(2) The license shall be available within the residence.(3) Licenses are not transferable from one residence to another.(4) A license shall no longer be valid and shall be returned to the Department when the residence ceases to operate or is moved to another location, the ownership changes, the governing body is significantly changed, the service requirement changes, or the license is suspended or revoked.(5) A license shall be required for each residence located on different premises where more than one residence is operated under the same governing body.(6) A Community Living Arrangement shall not exceed its licensed capacity. The licensed capacity of a Community Living Arrangement shall not exceed six residents except under the following circumstances: (a) The Division of Mental Health, Developmental Disabilities, and Addictive Diseases limits its funding of residents to a lesser number; or(b)1. The Division of Mental Health, Developmental Disabilities, and Addictive Diseases authorizes, under special circumstances, the placement and funding of one or more additional residents in the Community Living Arrangement; and2. Pursuant to authorization by the Division of Mental Health, Developmental Disabilities, and Addictive Diseases, the Community Living Arrangement makes direct application to the Office of Regulatory Services of the Department of Human Resources to increase the licensed capacity for a Community Living Arrangement; and3. The Office of Regulatory Services approves the increase in licensed capacity based upon the written authorization of the Division of Mental Health, Developmental Disabilities, and Addictive Diseases and the demonstration of the Community Living Arrangement's compliance with applicable regulations; or(c) A residence licensed under the Rules and Regulations for Personal Care Homes that may become a Community Living Arrangement upon promulgation of these rules shall continue to be licensed to serve the same number of residents previously permitted that residence under the Rules and Regulations for Personal Care Homes provided that the Community Living Arrangement maintains compliance with applicable regulations.Ga. Comp. R. & Regs. R. 290-9-37-.29
O.C.G.A. Secs. 31-7-1et seq., 37-1-22.
Original Rule entitled "Licenses" adopted. F. Oct. 24, 2002; eff. Nov. 13, 2002.