(a)

1. (1) The Division of Developmental Disabilities Services may authorize the expansion of the number of developmental disabilities service provider's sites for adult services in a specific county if it determines the county is underserved.

2. (2) Following such a determination, the division will apply the following procedures:

   1. (A)

(i) The division will send written notice that a county is underserved to all qualified nonprofit community programs for adult services as defined in Arkansas Code § 20-48-101(6)(A) that are existing providers in the underserved county.

1. (ii) The notified providers shall have thirty (30) days from receipt of notice to state in writing to the division whether they wish to alter their operations to eliminate the reason or reasons the county is underserved;

   1. (B)

      1. (i) Any provider stating an intention to alter its operations must accomplish the alteration within ninety (90) days from the date it receives notification from the division that the county is underserved.
      2. (ii) The ninety-day period may be extended by the division if the provider demonstrates in writing to the division that there is good cause for the delay.
      3. (iii) In no event shall an aggregate of one hundred eighty (180) days be exceeded unless substantial progress has been made towards meeting site approval requirements.
      4. (iv) The division shall consider the following:

(b) (b) Whether staff has been recruited or hired for employment;

1. (C) If no existing provider of a qualified nonprofit community program for adult services states an intention to alter its services, or if a provider expresses an intention to alter its services but fails to accomplish the alteration before deadlines stated above, the division shall proceed to the following step;

   1. (D)

      1. (i) The division shall send written notice that the county is underserved to all qualified nonprofit community programs providing adult services, as defined in Arkansas Code § 20-48-101(6)(A), having one (1) or more approved sites within the State of Arkansas.
      2. (ii) The notified providers shall have thirty (30) days from receipt of notice to state in writing to the division whether they wish to expand operations to eliminate the reason or reasons that the county is underserved with regard to adult services.
      3. (iii)

(b)

1. (1) (b)(1) The ninety-day period may be extended by the division if the provider demonstrates in writing to the division that there is good cause for the delay.
2. (2) (2) In no event shall an aggregate of one hundred eighty (180) days be exceeded unless substantial progress has been made towards meeting site approval requirements.

3. (3) (3) The division shall consider the following:

   1. (A) (A) Whether a lease has been secured or construction commenced; and

   2. (B) (B) Whether staff has been recruited or hired for employment.

      1. (iv) If no existing provider of a qualified nonprofit community program states an intention to alter its services, or if a provider expresses an intention to alter its services but fails to accomplish the alteration before deadlines stated above, the division shall proceed to the following step; and

   3. (E)

      1. (i) The division will publish notice to the general public in statewide print media that the agency is accepting applications from any accredited nonprofit entity, as defined in Arkansas Code § 20-48-101(1)(A), that provides adult services in the underserved county.
      2. (ii) Any such entity shall have thirty (30) days from the date of publication to state in writing that it desires to obtain a license and offer the services in question.
      3. (iii)

(b)

1. (1) (b)(1) The ninety-day period may be extended by the division if the provider demonstrates in writing to the division that there is good cause for the delay.
2. (2) (2) In no event shall an aggregate of one hundred eighty (180) days be exceeded unless substantial progress has been made towards meeting site approval requirements.

3. (3) (3) The division shall consider the following:

   1. (A) (A) Whether a lease has been secured or construction commenced; and

   2. (B) (B) Whether staff has been recruited or hired for employment.

      1. (c) (c) If no in-state accredited nonprofit entity that provides adult services indicates a desire to apply for a division license, or if such an organization fails to obtain a license and begin providing services prior to the deadline, the division will accept applications from accredited nonprofit organizations from outside the State of Arkansas.