Section 75-04-01-09 - Restricted license1. A restricted license may be issued to a licensee with an acceptable plan of correction notwithstanding a finding of noncompliance with the rules of the department and North Dakota Century Code section 25-16-03. A restricted license must not be issued to a licensee whose practices or facilities pose a clear and present danger to the health and safety of individuals with developmental disabilities, including fire safety requirements as evidenced in writing by the fire marshal, negligent or intentional misrepresentations to the department regarding any aspect of the licensee's operations, or any violation that places a client's life in danger.2. A restricted license may be issued for any or all services provided or facilities operated by an applicant or licensee as determined by the department.3. Upon a finding that the licensee is not in compliance , the department shall notify the licensee, in writing, of its intent to issue a restricted license. The notice must provide the reasons for the action, the specific services that are affected by the restricted license, and describe the corrective actions required of the licensee.4. The licensee shall, within ten days of the receipt of notice under subsection 3, submit to the department, on a form provided, a plan of correction. The plan of correction must include the elements of noncompliance, a description of the corrective action to be undertaken, and a date certain of compliance. The department may accept, modify, or reject the licensee's plan of correction and shall notify the licensees of their decision within thirty days. If the plan of correction is rejected, the department shall notify the licensee that the license has been revoked. The department may conduct periodic inspection of the facilities and operations of the licensee to evaluate the implementation of a plan of correction.5. The department shall terminate a restricted license and issue an unrestricted license to the licensee upon successful completion of an accepted plan of correction, as determined by the department.6. A restricted license may be issued for any period not exceeding one year. A restricted license may be renewed for an additional six months only upon the department's determination the licensee has made significant progress toward meeting the standards identified in the plan of correction or the licensee has shown good cause for failure to implement the plan of correction. A restricted license is nontransferable and valid only for the facilities or services identified thereon. Notice of the granting of a restricted license, or of a decision to modify or reject a plan of correction, may be appealed in the same manner as a notice of revocation of a license.N.D. Admin Code 75-04-01-09
Effective April 1, 1982; amended effective June 1, 1986; December 1, 1995.Amended by Administrative Rules Supplement 2017-363, January 2017, effective 1/1/2017.Amended by Administrative Rules Supplement 368, April 2018, effective 4/1/2018.General Authority: NDCC 25-16-06, 50-06-16
Law Implemented: NDCC 25-16-03