Section 11-89-3 - Licensure(a) No person, or group of persons may operate a developmental disabilities domiciliary home unless it is licensed by the department.(b) Any person, or group of persons, desiring to operate a developmental disabilities domiciliary home shall apply to the department on forms furnished by the department. The department shall issue a license if the applicant meets the requirements of this chapter.(c) The caregiver and administrator shall provide two references who have adequate knowledge of the applicant's background in terms of character and ability to care for residents with developmental disabilities. Additional references shall be furnished upon the department's request.(d) The caregiver and administrator shall also complete clearances from: (1) Adult and child abuse and neglect registry(2) Hawaii criminal justice data center -Federal bureau of investigation fingerprinting clearance.(e) A developmental disabilities domiciliary home shall consist of a caregiver's certification and facility license.(f) No license shall be issued without certification approval as stated in sections ,11-89-7 and 11-89-8 of these rules.(g) A license, when issued, shall be in force for one year, or at such other interval of time as may be decided by the department, and shall expire at that time unless renewed or extended by the department.(h) Each non-transferable license shall be issued to a person or agency by name and terminated on the date such individual withdraws from the ownership, management, control or operation of the facility.(i) Prior to licensure, a full disclosure of the facility's ownership or control, and a projected annual budget showing the home's expected income and expenditures at full occupancy shall be submitted to the department. The financial resources of the owner shall be sufficient to operate the facility according to standards set forth in this chapter.(j) Prior to licensure, current written policies governing the facility's rates, proposed staffing, visiting hours, emergency plans, access to records, residents' rights, and any other written policies required by this chapter for the type of residents proposed to be admitted, shall be submitted to the department. When policies are changed, an updated copy shall be submitted to the department.(k) If the caregiver contemplates regular remunerative work outside the facility, the department shall be notified prior to accepting such employment. Approval of appropriate caregiver substitutes shall be obtained from the department prior to the start of outside employment. Failure to notify the department shall be considered sufficient grounds for decertification. In the event the caregiver finds full time employment outside the facility, one person qualifying under § 11-89-7(a) shall assume the duties of the caregiver.(l) If the facility seeks to employ a qualified person to render a required or necessary service, it shall have a written agreement or contract with such outside person or provider. Written agreements or contract shall include the responsibilities, functions, objectives, and terms of employment, and shall be signed by the facility's administrator and the provider, or the provider's authorized representative.(m) A provisional license may be issued at the discretion of the department if the administrator is unable to correct deficiencies in the facility according to an accepted plan of correction and additional time is needed to complete the corrections. Provisional licenses shall not exceed one year. (1) The division may recommend provisional approval for re-licensure based on its annual licensing survey.(2) Provisional licenses shall not be issued to applicants for an initial license nor for deficiencies that affect basic health and safety.(3) The duration of a provisional license may be based on the time necessary to correct the cited deficiencies to the satisfaction of the department and shall not exceed one year. If cited deficiencies are not corrected by the expiration date shown on the face of the license, the department may issue a second provisional license for a term not to exceed one year or revoke the license.(4) Not more than two (2) successive provisional licenses shall be issued to a specific facility.[Eff FEB 03 1992] (Auth: HRS §§ 321-9, 321-11, 321-15.9) (Imp: HRS § 321-15.9)