<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".05" citation="COMAR 10.07.05.05" title_num="10" subtitle_num="07" chapter_num="05" heading="Changes in an Agency That Affect the Operating License.">
  <paragraph num="A.">
    <text>Change of Services or Name.</text>
    <paragraph num="(1)">
      <text>During the licensure period, a licensee may not:</text>
      <paragraph num="(a)">
        <text>Provide services for which it has not been approved to provide; or</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Change the name under which the program is doing business without the Department’s approval.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>When the licensee wants to provide additional services which require a license under this chapter, before offering the services, the licensee shall submit to the Department:</text>
      <paragraph num="(a)">
        <text>A new application and written request for a new license citing the additional services the agency wants to provide;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Policies and procedures pertaining to the additional services the agency wants to provide; and</text>
      </paragraph>
      <paragraph num="(c)">
        <text>An application fee as required by Health-General Article, §19-4A-03(c), Annotated Code of Maryland.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>When there is a change in name or address of the licensee, but no change of ownership, an amended license is required and the licensee shall pay $50 for the issuance of an amended license.</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Sale or Transfer of an Agency.</text>
      <paragraph num="(a)">
        <text>If a sale or transfer of an agency causes a change in the person or persons who control or operate the agency, the agency is considered a new agency and the licensee shall apply for a new license and conform to all regulations applicable at the time of the transfer of operations.</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The transfer of any stock which results in a change of the person or persons who control the agency or the transfer of any stock in excess of 25 percent of the outstanding stock constitutes a sale.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>Voluntary Closure or Change of Residential Service Agency Ownership.</text>
    <paragraph num="(1)">
      <text>A licensee shall notify the Department in writing at least 45 days in advance of any intention to:</text>
      <paragraph num="(a)">
        <text>Voluntarily close;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Change ownership; or</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Sell its agency.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>The licensee shall include the following information in the notice to the Department:</text>
      <paragraph num="(a)">
        <text>The method for informing clients or client representatives, if applicable, of its intent to close, change ownership, or sell its agency; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The actions the licensee will take to assist clients in securing comparable services and assistance, if necessary.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>A licensee shall notify clients or client representatives, if applicable, of any proposed changes set forth in §B(1) of this regulation, in writing, at least 45 days before the effective date of the proposed change.</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Whenever ownership of an agency is transferred from the person or organization named on the license to another person or organization, the future owner shall apply for a new license. The future owner shall file an application for a license at least 45 days before the transfer.</text>
    </paragraph>
    <paragraph num="(5)">
      <text>The Department shall issue a new license to a new owner who meets the requirements for licensure under this chapter. The former licensee shall return its license to the Department by certified mail.</text>
    </paragraph>
    <paragraph num="(6)">
      <text>A licensee named in the original license remains responsible for the operation of the agency until a new license is issued to the new owner. The current licensee remains responsible for correction of all outstanding deficiencies and impending sanctions until a new license is issued to the new owner. After a new license is issued, the new owner shall become responsible for correction of all outstanding deficiencies and impending sanctions.</text>
    </paragraph>
    <paragraph num="(7)">
      <text>In addition to the notice to the Department required by §B(1) and (2) of this regulation, after an agency closes, the licensee shall:</text>
      <paragraph num="(a)">
        <text>Notify the Department of the date of closure; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Return all licenses, past and present, to the Department by certified mail.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>Changes to Licensure Information. A licensee shall immediately notify the Department of any change in the information the licensee had submitted with the most recent application.</text>
  </paragraph>
  <paragraph num="D.">
    <text>License — Sale, Assignment, or Transfer. The license is valid in the name of the licensee to whom it is issued, and is not subject to sale, assignment, or other transfer.</text>
  </paragraph>
  <paragraph num="E.">
    <text>If an agency fails to comply with §§A—D of this regulation, the Department may impose a fine of up to $500 for each violation..</text>
  </paragraph>
  <paragraph num="F.">
    <text>A license is void if the agency ceases to operate.</text>
  </paragraph>
</regulation>