Md. Code Regs. 10.21.22.03

Current through Register Vol. 51, No. 12, June 14, 2024

Section 10.21.22.03 - Application and Initial Approval Process

A. Consultation. Before submitting an application, a PRP that is applying for approval to operate an RRP may request assistance regarding the proper compilation of application materials and completion of the application from the Administration or the appropriate:

(1) Core service agency (CSA) director; or

(2) Residential specialist.

B. Program Application. A PRP that is applying for approval to operate an RRP shall include with the application for program approval under COMAR 10.21.16.03B:

(1) A description of the type of service that the program intends to provide, including:

(a) An estimate of the total number of individuals to be served by the RRP, and

(b) The capacity of the RRP to provide general or intensive staffing, as defined in Regulation .09D of this chapter; and

(2) A copy of the residential specialist's certificate of approval of the residence, as granted under the provisions of §C(4)(a)(i) of this regulation.

C. Initial Approval of a Residence.

(1) Application for Approval of a Residence. A PRP that is applying for approval of a residence as a component of an RRP or an applicant for licensure of a group home under COMAR 10.21.04 shall submit to the residential specialist an application that:

(a) Is on the form approved by the Department with the requirement that all questions be answered and all required documents be attached;

(b) Includes documentation:

(i) That the residence is or will be owned or leased by the applicant,

(ii) Of fire, liability, and hazard insurance coverage on the building in which the residence is located, and

(iii) Of compliance with relevant federal, State, or local ordinances, laws, regulations, and orders, including zoning and safety, that are applicable to housing for individuals without disabilities.

(2) Review of Application. Within 5 working days of receipt of an application for approval of an RRP residence, the residential specialist shall review the application for completeness, and if the application is:

(a) Complete, arrange with the applicant to inspect the residence; or

(b) Incomplete, promptly return it to the applicant with written instructions regarding proper completion of the application.

(3) Initial Inspection of Residence. Within 10 working days of receipt of a completed application, in collaboration with a representative of the applicant, the residential specialist, using the residential checklist, shall inspect the residence for compliance with Regulation .05 of this chapter.

(4) Initial Certification of a Residence by a Residential Specialist.

(a) Based on the inspection conducted under §C(3) of this regulation, within 5 working days of the inspection, the residential specialist shall issue to the applicant, with copies to the Administration and CSA, one of the following:

(i) A certificate of general approval of the residence;

(ii) Notice of provisional approval, based on noncompliance with specific site requirements under Regulation .05 of this chapter; or

(iii) Notice that the residence is not approved, based on noncompliance with specific site requirements under Regulation .05 of this chapter.

(b) If the residential specialist issues a notice under §C(4)(a)(ii) or (iii) of this regulation, the residential specialist shall, at the applicant's request:

(i) Evaluate the applicant's efforts to attain compliance; and

(ii) If necessary, reinspect the residence.

(c) Following an evaluation under §C(4)(b) of this regulation, the residential specialist shall issue one of the following:

(i) A certificate of general approval of the residence;

(ii) Notice of continued provisional approval; or

(iii) Notice of denial of approval, advising the applicant of hearing rights, as provided in COMAR 10.21.16.11B or COMAR 10.21.04.06G, as applicable.

Md. Code Regs. 10.21.22.03

Regulations .03 adopted as an emergency provision effective January 16, 1995 (21:26 Md. R. 2183); adopted permanently effective April 24, 1995 (22:8 Md. R. 596)