<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".02" citation="COMAR 10.22.02.02" title_num="10" subtitle_num="22" chapter_num="02" heading="Application for Initial License or Renewal.">
  <paragraph num="A.">
    <text>To obtain and maintain a license, an applicant shall, at a minimum:</text>
    <paragraph num="(1)">
      <text>Except for local health departments, be properly organized as a Maryland corporation, a forensic residential center (FRC), or a State residential center (SRC), or, if operating as a foreign corporation, be properly registered to do business in Maryland;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Have a governing body that is legally responsible for overseeing the management and operation of all programs conducted by the licensee;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Have a governing body that is legally responsible for ensuring that each aspect of the licensee's program operates in compliance with all of the requirements of this chapter and all other applicable laws and regulations; and</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Except for currently licensed providers, demonstrate the capability to provide or arrange for the provision of all applicable services required by this chapter by submitting, at a minimum, the following documents to the Department:</text>
      <paragraph num="(a)">
        <text>A business plan that clearly demonstrates the ability of the applicant to provide services in accordance with this chapter;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>A summary of the applicant's demonstrated experience in the field of developmental disabilities;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Prior licensing reports issued within the previous 10 years from any in-State or out-of-State entity associated with the applicant, including deficiency reports and compliance records; and</text>
      </paragraph>
      <paragraph num="(d)">
        <text>A written quality assurance plan approved by the Administration in accordance with Regulation .14 of this chapter; and</text>
      </paragraph>
    </paragraph>
    <paragraph num="(5)">
      <text>If currently licensed, produce, upon written request from the Administration, the document required under §A(4) of this regulation.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>An applicant shall file an application for a license or license renewal on a written or electronic form provided by the Administration. An existing licensee shall file an application for renewal at least 60 days before expiration of its existing license. The license does not expire until the Director takes an action under §D of this regulation and the time for seeking judicial review or any judicial stay of the final action expires.</text>
  </paragraph>
  <paragraph num="C.">
    <text>The administrative head of the corporation or two of its officers, local health officer, or SRC director, shall submit the application.</text>
  </paragraph>
  <paragraph num="D.">
    <text>When an application for initial licensure or renewal is submitted, the Director may:</text>
    <paragraph num="(1)">
      <text>Approve the application unconditionally and issue a license;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Approve the application with conditions and issue a license;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Deny the application for any reason including if an applicant has had a:</text>
      <paragraph num="(a)">
        <text>License revoked by the Department within the previous 10 years; or</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Corporate officer who has served as a corporate officer for a licensee that has had a license revoked by the Department within the previous 10 years; or</text>
      </paragraph>
    </paragraph>
    <paragraph num="(4)">
      <text>Require additional information before a licensure decision is made.</text>
    </paragraph>
  </paragraph>
  <paragraph num="E.">
    <text>Hearing Request.</text>
    <paragraph num="(1)">
      <text>If the Director proposes to deny a license under this section, the Director shall notify the applicant in writing of the proposed decision and inform the applicant of the reason for the proposed denial and the right to a hearing.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>A request for a hearing, including a copy of the Director's action, shall be filed with the Office of Administrative Hearings with a copy to the Administration not later than 30 days after receiving notice of the Director's proposed action.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>A hearing requested under this chapter shall be conducted in accordance with State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland, and COMAR 28.02.01 and 10.01.03.</text>
    </paragraph>
    <paragraph num="(4)">
      <text>The burden of proof is as set forth in COMAR 10.01.03.28.</text>
    </paragraph>
    <paragraph num="(5)">
      <text>Unless otherwise stated in this chapter, the Office of Administrative Hearings shall issue a proposed decision within the time frames set forth in COMAR 28.02.01.</text>
    </paragraph>
    <paragraph num="(6)">
      <text>The aggrieved person may file exceptions as set forth in COMAR 10.01.03.35.</text>
    </paragraph>
    <paragraph num="(7)">
      <text>A final decision by the Secretary shall be issued in accordance with COMAR 10.01.03.35.</text>
    </paragraph>
  </paragraph>
  <paragraph num="F.">
    <text>Voluntary Surrender of License.</text>
    <paragraph num="(1)">
      <text>If a licensee intends to voluntarily surrender its license, the licensee shall submit a closure schedule which the Director shall approve before the surrender becomes effective.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The licensee shall submit a schedule for closure to the Director, in writing, at least 90 days before surrendering its license.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>The Director may grant the requested closure schedule as submitted, or require the licensee to continue to operate for an additional 90 days to allow the Administration time to plan for the continued provision of services to the individuals served by the licensee.</text>
    </paragraph>
    <paragraph num="(4)">
      <text>The Administration shall notify appropriate individuals and proponents of the licensee's intent to surrender its license and of the Director's approved closure schedule.</text>
    </paragraph>
  </paragraph>
  <paragraph num="G.">
    <text>The licensee may terminate services to an individual for good cause only with the written approval of the Director. The licensee shall:</text>
    <paragraph num="(1)">
      <text>Notify the Director in writing 90 days before the date it proposes to terminate services to an individual;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Notify the individual, and proponent, when appropriate, in writing, of its intent to terminate services and the individual's right to a hearing under COMAR 10.22.16, within the same time frame set forth in §G(1) of this regulation, and provide copies of that notice at that time to the appropriate regional office and members of the individual's team; and</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Consider the service terminated, if an individual is absent from a service for 60 consecutive days, unless otherwise determined by the Director.</text>
    </paragraph>
  </paragraph>
</regulation>