Section 33-03-29-06 - Denial of initial license1. A suitability review by the department must be completed prior to approval of a licensure application. 2. A determination by the department through a suitability review to deny the issuance of a license must be based on a finding that one or more of the following criteria are met: a. The applicant, any member of the firm, partnership, or association which is the applicant, any officer or stockholder of the corporation which is the applicant, or the person designated to manage or supervise the residential care facility for children with autism has been convicted of, or had probation for, a crime within the past five years that would impact the suitability of the applicant specific to operation of the facility. Probation or a conviction must be verified by a certified copy of the court record. b. The applicant has had a prior license revocation in the past five years and both of the following conditions are met: (1) The residential care facility for children with autism in question was owned or operated by the applicant, by a controlling owner of the applicant, by a combination of owners of the applicant, or by an affiliate who is a controlling owner of the applicant. Operated for purposes of this section means exercising overall management, direction, or supervision of the residential care facility for children with autism; and (2) The basis of the prior revocation renders the applicant unqualified or incapable of operating a residential care facility for children with autism in accordance with the standards set forth in this chapter. This determination will be based on the applicant's qualifications and ability to meet the criteria outlined in this section as evidenced by the application and the applicant's prior history. N.D. Admin Code 33-03-29-06
Effective February 1, 1992.General Authority: NDCC 23-09.4-02, 23-09.4-07
Law Implemented: NDCC 23-09.4-02