1. A. If an agency’s administrative office is located separately from an agency facility, the Licensing Authority shall issue a license to the agency and an operating certificate to each facility the agency operates. If the agency and facility occupy the same location, the Licensing Authority shall issue only a license, with the information required for an operating certificate.

   1. 1. A license shall:

      1. a. Identify the agency name, and the geographic area in which the agency is licensed to operate;
      2. b. List each facility the agency operates, and the total number of children the agency is authorized to serve; and
      3. c. Require the agency to operate each facility in accordance with the operating certificate issued to the particular facility.

   2. 2. An operating certificate shall:

      1. a. Identify the agency operating the facility;
      2. b. Identify the facility name, if different from the agency name, and the geographical area in which the facility is authorized to operate;
      3. c. List the type of service or program to be offered at the facility; and
      4. d. Specify the number, gender, and ages of children the facility may receive for care.
2. B. An operating certificate is not valid unless it has been issued in the name of an agency holding a license. Except as otherwise prescribed in subsection (A) for an agency and facility at the same location, a facility cannot operate without a current operating certificate.
3. C. A license and an operating certificate expire one year from the date of issuance, except as otherwise provided in R6-5-7410 for satellite facilities and in R6-5-7419 for provisional licenses.
4. D. An agency shall post its current license in the agency, in a conspicuous location, visible to the public. The agency shall post a facility’s current operating certificate in a conspicuous location within the facility.

5. E. A license and an operating certificate cannot be transferred or assigned, and shall expire upon a change in ownership. For the purpose of this Section, a “change in ownership” includes any of the following events:

   1. 1. Sale or transfer of the agency or facility;
   2. 2. Bulk sale or transfer of the agency’s or facility’s assets or liabilities;
   3. 3. Placement of the agency or facility in the control of a court appointed receiver or trustee;
   4. 4. Bankruptcy of the agency or facility;
   5. 5. Change in the composition of the partners or joint venturers of an agency or facility organized as a partnership;
   6. 6. Sale or transfer of a controlling interest in the stock of a corporate agency or facility; or
   7. 7. Loss of an agency’s or facility’s nonprofit status.

Historical Note

Adopted effective May 19, 1977 (Supp. 77-3). Amended effective May 25, 1979 (Supp. 79-3). Amended subsection (H) effective January 2, 1981 (Supp. 81-1). Former Section R6-5-7409 repealed; new Section R6-5-7409 filed with the Secretary of State’s Office May 15, 1997; adopted effective July 1, 1997 (Supp. 97-2).