§ 10-1430.14. Provisions of license - Application - Statement of zoning compliance - Qualifications of applicant or licensee - Statement of ownership - Issuance and renewal of licenses.  


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  • A.  A license shall expire twelve (12) months from the date of issuance, unless sooner revoked, and may be renewed annually by the Department of Human Services pursuant to the provisions of the Group Homes for Persons with Developmental or Physical Disabilities Act.  All licenses shall be on a form prescribed by the Director of Human Services, and shall include, but not be limited to, the maximum bed capacity for which the license is granted, the kind of program the licensee is certified to operate, the date the license was issued, and the expiration date of the license.  The provisions of the license shall require that the license shall:

    1.  Not be transferable or assignable except as authorized by the provisions of the Group Homes for Persons with Developmental or Physical Disabilities Act;

    2.  Be available on the licensed premises; and

    3.  Be issued only for the premises named in the application, and may be renewed for twelve-month periods upon application and inspection, pursuant to the provisions of the Group Homes for Persons with Developmental or Physical Disabilities Act.

    B.  An application shall be under oath and shall contain, but not be limited to, the following information:

    1.  The name and address of the applicant or licensee.  If the applicant or licensee is a firm or partnership, the name and address of each member thereof shall be included in the application.  If the applicant or licensee is a firm, partnership, limited liability company, or corporation, the name and address of the firm, partnership, limited liability company, or corporation and the name and address of each member of the firm, major member of the limited liability company or manager, major partner of the partnership, or officer, major stockholder and registered agent of the corporation shall be included in the application;

    2.  The name and address of the applicant or licensee if the applicant or licensee is not the provider and is acting as agent for the provider of group home services or licensee;

    3.  The name and location of the group home for which a license is sought;

    4.  The name of the administrator of the home;

    5.  The number and type of residents for whom services are to be provided;

    6.  A description of the program and the staffing pattern for providing resident care.  In the case of an application for an initial license, such description may be shown as the projected program and staffing pattern; and

    7.  Information or records required by the Department pursuant to the rules adopted by the Commission for Human Services regarding group homes.

    C.  Each initial application shall be accompanied by a statement from the unit of local government having zoning jurisdiction over the location of the group home stating that the location is not in violation of a zoning ordinance.

    D.  1.  An applicant or licensee shall be twenty-one (21) years of age or older and of reputable and responsible character.  In addition, the applicant or licensee shall have appropriate business or professional experience.

    2.  No person who is ineligible for employment as a community services worker in accordance with Section 1025.2 of Title 56 of the Oklahoma Statutes shall be eligible to be licensed or to receive a contract to become a community services provider.  If the applicant or licensee is a firm, partnership, limited liability company, or corporation, the applicant shall not be eligible to be licensed or to receive a contract if any member of the firm, any major member of the limited liability company or manager, any major partner of the partnership, or any officer or major stockholder of the corporation is ineligible for employment as a community services worker in accordance with Section 1025.2 of Title 56 of the Oklahoma Statutes.

    E.  The application for a license or renewal of a license shall be accompanied by a statement of ownership which shall include the following:

    1.  The name, address, telephone number, occupation or business activity, business address, and business telephone number of the owner of the group home and of every person who owns the building in which the group home is located.  If the owner is a partnership, limited liability company, or corporation, the name and address of each partner, major member of the limited liability company, and stockholder with an ownership interest of five percent (5%) or more shall be included in the statement; and

    2.  The name and address of any other group home in which the owner has a full or partial financial interest or, if the applicant or licensee is a partnership, limited liability company, or corporation, any other group home in which the partnership, limited liability company, or corporation has a full or partial financial interest.  The statement shall indicate whether or not any other group home wherein a full or partial financial interest is held would, if located in this state, be required to be licensed.

    F.  The Director or designee shall issue and renew licenses for group homes which comply with the provisions of the Group Homes for Persons with Developmental or Physical Disabilities Act and the standards and rules promulgated by the Commission pursuant thereto.

Added by Laws 1987, c. 225, § 14, eff. July 1, 1987.  Amended by Laws 1994, c. 236, § 10, eff. Sept. 1, 1994; Laws 1996, c. 155, § 14, eff. Nov. 1, 1996; Laws 1996, c. 354, § 14, eff. Nov. 1, 1996.  Renumbered from § 1-818.14 of Title 63 by Laws 1996, c. 354, § 56, eff. Nov. 1, 1996.  Amended by Laws 2006, c. 137, § 11, eff. Nov. 1, 2006.