Provisional License 660-05-20-25

(Revised 5/1/19 ML 3549)

View Archives

The Aging Services Division, may issue a provisional license for up to (6) six 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) twelve months continuously.
2. The licensed provider is waiting receipt of materials and information requested by the Department 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 600-05-65-65) 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 Aging Services Division and acknowledged by the provider/applicant in writing.

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

A provisional license shall:

1. State all applicable AFC provider standards and regulations that are out of compliance with the Aging Services Division.
2. State that 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.