§ 63-1-822. Application for license - Fee - Information required - Qualifications - Issuance of license - Expiration - Modification - Renewal.

A.  An application for a license, or renewal thereof, to establish or operate a residential care home shall be accompanied by a fee of Fifty Dollars ($50.00).  The fee shall not be refunded. Except as provided for in Section 1-824 of this title, a license shall expire twenty-four (24) months from the date of issuance, unless sooner revoked, and may be renewed biannually by the State Department of Health pursuant to the provisions of the Residential Care Act.  All licenses shall be on a form prescribed by the State Commissioner of Health, and shall include, but not be limited to, the maximum bed capacity for which the license is granted, 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 Residential Care Act;

2.  Be posted in a conspicuous place on the licensed premises; and

3.  Be issued only for the premises named in the application, and may be renewed for twenty-four-month periods upon application, inspection, and payment of the license fee, as required by the provisions of the Residential Care Act.

B.  An application shall contain the following information:

1.  The name and address of the owner of the home.  If the owner is a firm or partnership, the name and address of each member thereof shall be included in the application.  If the owner is a corporation, the name and address of the corporation and the name and address of each officer and registered agent of the corporation shall be included in the application;

2.  The name and address of the applicant if the applicant is not the owner and is acting as agent for the owner;

3.  The name and location of the 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; and

6.  The staffing pattern for providing resident care.  In the case of an application for an initial license, the staffing pattern shown may be the projected staffing pattern.

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

D.  1.  An applicant shall be twenty-one (21) years of age or older and meet the specific requirements for licensure as specified in rules promulgated by the State Board of Health pursuant to the provisions of the Residential Care Act.

2.  No person who has been convicted of a felony in connection with the management or operation of a home, or facility as defined in Section 1-1902 of this title or in the care and treatment of the residents of a home, or facility as defined in Section 1-1902 or 1-1950.1 of this title shall be eligible to be licensed or to participate in the management or operation of a home.

3.  If the applicant is a firm, partnership, or corporation, the applicant shall not be eligible to be licensed if any member of the firm or partnership or any officer or major stockholder of the corporation has been convicted of a felony in connection with the operation or management of a home or facility or the care and treatment of the residents of a home or facility as defined in Section 1-1902 of this title.

E.  1.  The application for a license or renewal of a license shall be accompanied by a statement of ownership which shall include the following:

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

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

2.  The applicant shall agree in writing, prior to the issuance of a license, to notify the Department if there is any change in the information required to be included in the statement of ownership thirty (30) days in advance of such change.  The information contained in the statement of ownership shall be public information and shall be available upon request from the Department.

F.  Upon application of a licensee, a license may be modified in accordance with the provisions of the Residential Care Act.  Such application for modification of a license shall be accompanied by a fee of Twenty Dollars ($20.00) and shall be submitted in such form and manner as required by the Department.

G.  Upon payment of the required application fees, the Commissioner may issue and renew licenses which substantially comply with the provisions of the Residential Care Act and rules promulgated pursuant thereto; provided, however, a plan of correction shall be submitted and accepted by both parties prior to licensure.

H.  All residential care homes shall be required to have or employ a certified administrator for the home.

Added by Laws 1984, c. 128, § 10, eff. Nov. 1, 1984.  Amended by Laws 1985, c. 135, § 3, emerg. eff. June 7, 1985; Laws 1987, c. 98, § 4, emerg. eff. May 20, 1987; Laws 2001, c. 410, § 3, eff. Nov. 1, 2001.