175 Neb. Admin. Code, ch. 1, § 003

Current through September 17, 2024
Section 175-1-003 - LICENSING REQUIREMENTS

For all applications for initial licensure, renewal and reinstatement, an applicant or licensee must submit documentation that the applicant or licensee meets the requirements set out in the Neb. Rev. Stat. §§ 4-108 through 4-111. No applicant or licensee may initiate construction of a facility or service prior to obtaining written approval from the Department to begin the construction process and may not utilize a facility or service for the consumer prior to obtaining written approval from the Department after the conclusion of the construction process and obtaining any required license.

003.01INITIAL LICENSE. Applicants must submit a complete application provided by the Department, meet all requirements of the statutes, of this chapter, and the chapter in 175 Nebraska Administrative Code (NAC) for the type of license being requested. An applicant for an initial facility or service license must comply with all applicable codes, guidelines, and standards specified in regulations pertaining to each specific individual facility or service type.
003.02INITIAL APPLICATION REQUIREMENTS AND DOCUMENTATION. The applicant must submit:
(A) Schematic plans;
(B) Documentation approving occupancy and operation issued by the State Fire Marshal or the State Fire Marshal's delegated authority;
(C) Current proof of registration and status with the Nebraska Secretary of State Office if operated by a foreign corporate entity;
(D) Current zoning permit; and
(E) For facilities or services completing construction only:
(i) Architect or engineer certification and a detailed project description; and
(ii) A completion certificate; or
(F) For facilities or services having no construction or structural changes:
(i) Operational permit issued by the local building authority; or
(ii) Signed and dated statement that the building is structurally safe for use and occupancy from a Nebraska licensed architect or engineer.
003.03RENEWAL LICENSE. To renew a license, a license holder must, prior to the expiration date, submit a complete application for renewal, and the following:
(A) Documentation as set out in 175 NAC 1-003.02 for initial licensure in this chapter, except for 003.02(A), (C), (D), (E), and (F); and
(B) Any specific documentation in the chapter in 175 NAC applicable to the specific facility or service type.
003.04REINSTATEMENT FROM EXPIRED STATUS. A licensee can request reinstatement of an expired license within 90 days of the expiration date. A letter must be submitted to the Department requesting reinstatement which contains all of the information requested in an application for an initial license, and the chapter in 175 NAC pertaining to the specific facility or service type, and any required fee. The facility or service may not operate during this time.

175 Neb. Admin. Code, ch. 1, § 003

Adopted effective 3/12/2023