10-148-17 Me. Code R. § 3

Current through 2024-25, June 19, 2024
Section 148-17-3 - TYPES OF LICENSES

The Department shall issue the following types of licenses:

A. A provisional license shall be issued by the Department to an applicant who:
1 Has not previously operated the facility for which the application is made or is licensed but has not operated during the term of that license;
2 Complies with all applicable laws and rules, except those which can only be complied with once clients are served by the applicant; and
3 Demonstrates the ability to comply with all applicable laws and rules by the end of the provisional license term.
B. The Department shall issue a full license to an applicant who complies with all applicable laws and rules.
C. A conditional license may be issued by the Department when the individual or agency fails to comply with applicable laws and rules and, in the judgment of the Commissioner, the best interest of the public would be so served by issuing a conditional license. The Department shall specify in writing when and what corrections must be made during the term of the conditional license.
D. A temporary license may be issued on a one-time basis when a preliminary evaluation of the home by the department has determined that the applicants are capable of providing respite care, in accordance with applicable laws and rules relating to minimum standards of health, safety and well-being, except that it is not possible to obtain a fire safety-inspection in accordance with section 8103 prior to licensure and there are no obvious fire safety violations and, in the judgment of the commissioner, the best interest of the public will be served by issuing a temporary license.

10-148 C.M.R. ch. 17, § 3