Section 33-03-36-02 - Issuance of license and feesA facility shall obtain a license from the department in order to operate in this state.
1. Application to operate a facility must be made to the department prior to opening a facility upon determination by the department that the facility meets the definition of a facility.2. A facility shall apply to the department for a license in the form and manner prescribed by the department.3. Upon receipt of an application for an initial license, the department may schedule an inspection. Upon completion of the inspection and consideration of the findings, the department may issue an initial or provisional license, or deny the application.4. An initial license is valid for a period not to exceed one year and shall expire on December thirty-first of the year issued.5. Licenses must be issued on a calendar year basis and expire on December thirty-first of each year. An application for licensure renewal must be received by the department thirty days prior to the beginning of the licensure period to process.6. A provisional license may be issued to a facility that does not comply with this chapter if practices in the facility do not pose a danger to the health and safety of the patients, as determined by the department.a. A provisional license must be accompanied by a written statement of the specific rules or statutes the facility is in noncompliance of and the expiration date of the license, which is not to exceed three months from the date of issuance.b. If compliance with the requirements has been determined by the department prior to the expiration of the provisional license, an annual license may be issued. If an acceptable plan of correction has been approved by the department but compliance has not yet been achieved, the provisional license may be renewed no more than one time for an additional period up to three months at the discretion of the department.7. The facility shall display the current license in a conspicuous place.8. A facility shall notify the department and reapply for licensure upon any change in ownership of the facility.9. A license is not subject to sale, assignment, or other transfer, voluntary or involuntary. A license is not valid for any premises other than those for which originally issued.10. The department may, at any time, inspect a facility that the department determines meets the definition of an extended stay center as described in North Dakota Century Code chapter 23-17.6 and this chapter, to determine compliance with licensure requirements and standards.11. The department may deny, suspend, or revoke the license of a facility for noncompliance with North Dakota Century Code chapter 23-17.6 or this chapter.12. The facility shall provide the department access to any materials and information necessary, as determined by the department, for determining compliance with licensure requirements and standards.13. The facility shall submit floor plans directly or through an architect or engineer for new construction or a renovation project to be reviewed by the department. The estimated cost of the project is to accompany the submission of the project. Based on the estimated cost of the project, a letter is sent from the department to the facility administrator or designee indicating the plan review fee that needs to be submitted. The plan review fee schedule based on size and project costs is:a. Small project: A fee of five hundred dollars for a project cost between zero and fifty thousand dollars.b. Medium project: A fee of one percent of the project costs for a project cost between fifty thousand and one dollar and four million dollars.c. Large project: A fee of forty thousand dollars plus twenty-five hundredths of one percent of the project cost after four million dollars is subtracted for a project with project cost greater than four million dollars.14. An application for a license for facilities not owned by the state or its political subdivisions must be accompanied by the following fees:a. Ten thousand dollars for each initial application.b. Two thousand five hundred dollars for each renewal application.N.D. Admin Code 33-03-36-02
Adopted by Administrative Rules Supplement 2023-389, July 2023, effective 7/1/2023.General Authority: NDCC 23-17.6-02
Law Implemented: NDCC 23-17.6-02