Current through Register Vol. 49, No. 13, September 23, 2024
Subpart
1.
Licensure information.
The agency shall provide information on license application
procedures to prospective applicants according to items A to D.
A. The agency shall provide in writing to all
prospective applicants, the information in subitems (1) to (3):
(1) a summary of license
requirements;
(2) a description of
the agency's licensing study process; and
(3) the agency's timelines for processing
license applications.
B.
The agency shall provide the license application form prescribed by the
commissioner to every prospective applicant who requests an
application.
C. An agency that
requires prospective applicants to attend an informational meeting before
receiving a license application form must ensure that meetings take place at
least every two months on either a group or individual basis.
D. Upon receiving a completed and signed
license application form, the agency shall provide the applicant a copy of the
program rules.
Subp. 2.
Licensing study.
The agency shall perform a licensing study of the applicant
that includes:
A. a background study
performed according to subpart
3;
B. a written record of a home study that
includes:
(1) on-site inspection of the
residence;
(2) home visits
necessary to fully evaluate the applicant's qualification for licensure;
and
(3) when an applicant has been
operating a program:
(a) an in-home visit to
observe compliance with program requirements;
(b) documented requests for program
evaluations from parents or legal guardians of children in family day care;
and
(c) evaluations from placement
workers for foster care;
C. three letters of reference;
D. where the agency has knowledge the
applicant was previously licensed, a reference from that previous
agency;
E. reports from the fire
marshal, building officials, and health officials that are required by rules
governing the program;
F. for
foster care licensing applicants, the information in part
9543.0060, subpart
4; and
G. any other reports or evaluations necessary
to fully evaluate the applicant's qualifications for licensure and compliance
with applicable laws and rules.
Subp.
3. [Repealed,
L
2004 c 288 art 1
s
83]
Subp.
4.
Completed application.
An application is completed when all studies, reports, and
evaluations in subparts
2 and
3 have been completed and
received by the agency.
Subp.
5.
Licensing recommendation.
The agency shall forward its licensure recommendation to the
commissioner within 20 working days after an application is completed. The
agency shall make its recommendation according to items A to C:
A. The agency shall recommend that the
commissioner issue a license when the agency determines that the applicant
fully complies with laws and rules governing the program and is qualified for
licensure.
B. The agency may
recommend that the commissioner issue a license and grant a variance according
to part
9543.0050.
C. The agency shall recommend that the
commissioner deny a license application if the agency determines the applicant
fails to fully comply with laws or rules governing the program and variance
requirements. The agency shall submit evidence to support its recommendation.
Evidence may include:
(1) documentation of
specific facility deficiencies that endanger the health or safety of persons
served by the program;
(2)
documentation of any disqualification that has not been set aside;
(3) reports of agency investigations and
on-site observations;
(4) reports
from law enforcement agencies;
(5)
reports from county child or adult protection services;
(6) reports from fire, building, or health
officials;
(7) complaints that
relate to the program; or
(8) any
other evidence that the applicant is not in compliance with applicable laws or
rules governing the program.
Subp. 6.
License renewal.
Before the expiration date of a license, the agency
shall:
A. at least 30 days before the
license expiration date, provide an application form and notice of the license
expiration date to the license holder;
B. conduct a licensing renewal study that
includes information under subpart
2, items A, B, E, and F;
and
C. make a licensing
recommendation to the commissioner.
Subp. 7.
License extension.
Before the expiration date of a program that is being
investigated or a program that is appealing an order of revocation or
suspension, the agency shall request the commissioner to extend the license
pending disposition of the investigation or appeal.
Subp. 8.
Tracking licensing
progress.
The agency shall track the progress of each application for
licensure on a form approved by the commissioner including:
A. the dates and documentation of all events
described in subparts
2 to
7;
B. the status of the license application 120
calendar days after receipt of a signed application form;
C. the date and circumstances when a license
application is withdrawn or a license is returned or not renewed by the license
holder;
D. the date the license is
issued or denied; and
E. if a
license is issued, the date the license is effective and the expiration date of
the license.
Statutory Authority: MS s
245A.09;
245A.16
