C.M.R. 10, 148, ch. 8, app 148-8-1
No person shall operate a Shelter for Homeless Children without a license from the department.
Provisional License. A provisional license shall be issued by the department to an applicant who:
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:
Complies with all applicable laws and rules, except those which can only be complied with once clients are served by the applicant; and
Demonstrates the ability to comply with all applicable laws and rules by the end of the provisional license term.
The provisional license shall be issued for a minimum period of 3 months or a longer period, as deemed appropriate by the department, not to exceed 12 consecutive months.
Full License. The department shall issue a full license to an applicant who complies with all applicable laws and rules. A full license is valid for one year from the date of issuance unless revoked, suspended or made conditional.
Conditional License A conditional license may be issued by the department when the individual or agency fails to comply with applicable law 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 conditional license shall specify when and what corrections must be made during the term of the conditional license.
The conditional license shall be issued for a specific period not to exceed one year, or the remaining period of the previous full license, whichever the department determines appropriate based on the laws and rules violated.
SANCTIONS, AND ADVERSE ACTIONS
Options Available to the Department.
Whenever the department finds that a person operating a Shelter for Homeless Children or an applicant is not in compliance with any applicable rules, the department may take certain actions. The department shall notify the licensee of the opportunity to request an administrative hearing or shall file a complaint with the Administrative Court in accordance with the Maine Administrative Procedure Act, 5 MRSA §8001et seq.- (pursuant to 22 MRSA §7802(3)(D) ).
Refusal to Issue or Renew. When an applicant fails to comply with applicable law and rules, the department may refuse to issue or renew the license.
Issuance of Conditional License. If, at the expiration of a full or provisional license or during the term of a full license, the facility falls to comply with applicable law and rules and, in the judgment of the commissioner, the best interest of the public would be served, the department may issue a conditional license or change a full license to a conditional license.
Voiding a Conditional License. Failure by the conditional licensee to meet the conditions specified by the department shall permit the department to void the conditional license or refuse to issue a full license. The conditional license shall be void when the department has delivered in hand or by certified mail a written notice to the licensee or, if the licensee cannot be reached for service in hand or by certified mail, has left written notice thereof at the agency or facility. The term "licensee" means the person, firm, corporation or association to whom a conditional license has been issued.
Amend or Modify a License. The department may amend or modify a license as referred to in 22 MRSA §7802(5)(B).
Emergency Suspension. Whenever, upon investigation, conditions are found which, in the opinion of the department, immediately endanger the health or safety of persons living in or attending a facility, the department may request the Administrative Court for an emergency suspension pursuant to 4 MRSA1153.
Suspension Revocation. Any license issued may be suspended or revoked for violation of applicable law and rules, committing, permitting, aiding or abetting any illegal practices in the operation of the facility or conduct or practices detrimental to the welfare of persons living in or attending the facility.
When the department believes that a license should be suspended or revoked, it shall file a complaint with the Administrative Court as provided in the Maine Administrative Procedure Act. 5 MRSA §10001.
Adjudicatory Procedures.
Once the department determines that a licensee is not in-compliance with a regulation and has determined what action shall be taken, the following procedures shall be followed:
Notification of Action and Correction Order. The department shall ensure that every notification of action and correction order is in writing and provided to the licensee sufficiently in advance of the final date of correction, except in cases of emergency, in order to afford a reasonable opportunity to prepare and submit evidence and argument, and to request a hearing if so desired.
Content of Orders. Every such correction order shall be in writing and shall include an identification of the law and regulations violated, reasons for citing the violation, period of time within which the violations must be corrected, notice of the licensee's right to request a hearing if so desired and the consequences of failure to meet conditions or request a hearing.
Sending of orders. Every such correction order shall be sent to the administrative head of the facility and a copy shall be sent to the governing board of the facility.
Request for Administrative Hearing. Within 10 days of receipt of the notification of action the licensee may file a written request with the department for an administrative hearing. If the request for hearing is received within this period, the proposed action will not take effect until after the hearing. In any proceeding determined by the department to involve issues of substantial interest the department shall notify the public in accordance with 5 MRSA §9052.
Failure to Request a Hearing. In the event the licensee fails to request a hearing within 10 days of the notice of action, the action, will take effect at the expiration of the 10 day period.
Appeal Procedures: A licensee aggrieved by a court order or hearing decision may appeal the decision by the following means:
Administrative Hearing. A licensee aggrieved by a decision issued as a result of the department's administrative hearing, may file, within 30 days of the notice of the decision, a complaint with the Superior Court as provided in 5 MRSA §11002.
Administrative Court. A licensee aggrieved by the decision of the Administrative Court shall be entitled to judicial review in Superior Court as provided in 5 MRSA §§11001et seq.
Supreme Judicial Court. A licensee aggrieved by the decision of the Superior Court shall be entitled to judicial review in the Supreme Judicial Court as provided in 5 MRSA §11008.
Reapplication Following Adverse Actions.
An applicant who has been denied a license, issued a conditional license or a licensee whose current license has been modified, conditionalized, suspended, revoked, voided or refused for renewal may reapply for a full license when the deficiencies identified by the department have been corrected.
C.M.R. 10, 148, ch. 8, app 148-8-1