6306.1 Beginning six (6) months after the effective date of this Chapter and except as provided by §§ 6306.2 or 6306.3, in order to operate in the District, an independent living program shall be licensed in accordance with this Chapter.

6306.2 Notwithstanding the provisions of § 6306.1, an independent living program that is not licensed in accordance with this Chapter may continue to operate six (6) months after the effective date of this Chapter if:

1. (a) The independent living program filed a completed application for an original license at least three (3) months after the effective date;
2. (b) Through no fault of the independent living program, CFSA failed to act on the application before the expiration of the independent living program's authorized period of operation; and
3. (c) The independent living program complies with all other provisions of this Chapter.

6306.3 An independent living program may continue to operate after the expiration of original annual license or annual license if:

1. (a) The independent living program timely filed a completed application for an original annual license or annual license, as appropriate;
2. (b) Through no fault of the independent living program, CFSA failed to act on the application before the expiration of the independent living program's authorized period of operation; and
3. (c) The independent living program complies with all other provisions of this Chapter.

6306.4 A license shall:

1. (a) Set forth the person who is licensed to operate the independent living program, and that person's address;
2. (b) State that the person is licensed to operate an independent living program;

3. (c) Set forth the conditions under which the independent living program may operate, including the locations of the main facility and all residences, and the number of adolescents and young adults who may be admitted to the independent living program; and

4. (d) Be valid only for the person, address, type of independent living program, and locations stated on the license.6306.5 An independent living program may not exceed its licensed capacity.6306.6 A person wishing to operate an independent living program shall file an application with CFSA using the forms provided by that agency.6306.7 Upon receipt of an application for an original annual license, annual license, or renewal of an annual license, CFSA shall:- (a) Conduct a sanitary and environmental inspection of the main facility and all residences;

5. (b) Receive a fire inspection of the main facility and all residences in compliance with the law in the jurisdiction in which it is located; and
6. (c) Conduct an on-site inspection of the main facility and all residences to assess compliance with this Chapter.6306.8 An independent living program's failure to cooperate during an inspection required by § 6306.7 shall be grounds for denial of the original annual license, annual license, or renewal of an annual license.6306.9 An independent living program shall submit to CFSA such periodic and special reports as CFSA may require, including service, financial, personnel, and statistical information, and a periodic census of residents under care.6306.10 An independent living program shall make its records available to CFSA and the contracting entity upon request.6306.11 An independent living program that wishes to transfer its ownership shall file written notice with CFSA at least sixty (60) days before transferring ownership. For a corporate licensee, a transfer of ownership shall include any transfer of the legal or beneficial ownership of ten percent (10%) or more of the stock of the corporation. Upon notification, CFSA may conduct an investigation or require reinspection to assess the independent living program's continued compliance with this Chapter.6306.12 A license modification:- (a) Permits an independent living program to operate under conditions that are different than those set forth in the original annual or annual license;

(b) May be utilized to permit an independent living program to operate additional apartments than those identified in the annual license; and

(c) Does not affect any license term, condition, or time period not modified.

6306.13 A provisional license:

(a) Permits an independent living program to continue to operate after the original annual license or annual license has expired and while the independent living program attempts to satisfy the requirements of an annual license;

(b) Expires in no more than ninety (90) days; and

(c) May be renewed only once and for no more than ninety (90) days.

6306.14 A restricted license:

(a) Permits an independent living program to continue to operate in accordance with its original annual license or annual license except that the independent living program may not:

(1) Accept new residents; or

(2) Provide certain services as specified on the license;

(b) Identifies the specific restrictions made on the program;

(c) Expires in no more than ninety (90) days; and

(d) May not be renewed.

6306.15 In addition to any requirements of this Chapter concerning posting, the independent living program shall maintain all plans, policies, and procedures required under this Chapter in a single designated location that is easily accessible to staff.

6306.16 CFSA shall make licenses and variances available to the public, upon request.

6306.17 An independent living program shall maintain an administrative office in the District.

6306.18 The administrative office required by § 6306.17 shall:

(a) Be in an area separate from the independent living program's living areas;

(b) Include a separate area for the maintenance of records and the performance of

administrative activities; and

(c) Include a separate area for private discussions between residents and staff or other persons.

SOURCE: Final Rulemaking published at 49 DCR 1591 (February 22, 2002).