Provisional License 660-05-20-25

(Revised 1/1/08 ML 3118)

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The Human Service Center, in consultation with the Division, may issue a provisional license for up to 6 months beyond the expiration date of the current or initial license under the following conditions:

1. The provider has previously been licensed for at least 12 months continuously.
2. The licensed provider is waiting receipt of materials and information requested by the Human Service Center and/or Division which includes but is not limited to health screening reports, fire and sanitation report, psychological evaluation, proof of age or relationship, documentation of competency in providing personal care, drug and alcohol evaluation, or the completion of a specific counseling/treatment program.
3. The home requires structural changes or modification.

A provisional license shall be issued only to an applicant who has in writing waived:

1. The right to a written statement of changes as to the reasons for denial of an unrestricted license; (Section 05-65-65 for example) and
2. The right to an administrative hearing, in the manner provided in North Dakota Century Code chapter 28-32, concerning the non-issuance of an unrestricted license.

Any provisional license issued shall be accompanied by a written statement of violations signed by the regional director of the Human Service Center or their designee and acknowledged by the provider/applicant in writing.

The provider/applicant shall comply with policies, rules, and statutes governing Adult Family Foster Care within the period of time a provisional license is in effect.

A provisional license shall:

1. State all applicable AFFC provider standards and regulations that are out of compliance with the Division.
2. State that the items of noncompliance are set forth in a document made available to the provider upon request.
3. Expire at a set date not to exceed six months from the date of issuance.
4. Upon demonstrating compliance with all applicable standards and regulations, the provisional license will be replaced by an unrestricted license. The unrestricted license shall bear the same start date as the provisional license.