Authority: IC 12-28-5-19

Affected: IC 4-21.5; IC 12-28-5; IC 22-12

Sec. 3. (a) Upon application for an initial license, the council may issue a provisional license for a period not to exceed twelve (12) months, or a regular license for a period not to exceed eighteen (18) months, or deny the issuance of a license. Such action shall be based on the following:

1. (1) Information verified by the council staff indicating whether the facility is being operated in compliance with IC 12-28-5 and this article.
2. (2) Information from the Indiana state department of health indicating that the residence has been inspected within the preceding twelve (12) months to assure compliance with the fire safety standards in 431 IAC 3.1 or 431 IAC 4.
3. (3) The division or its designated agent may give written approval for the facility to be occupied, pending confirmation by the council, or may defer authorization to occupy for full review by the council.
4. (4) If the council decides that a license will not be issued, the applicant affected has the right to an appeal to the council within a fifteen (15) day period after notification by registered or certified letter under IC 4-21.5.

(b) Upon application for a renewal license, the council may approve a regular license for a period not to exceed eighteen (18) months, or a conditional license for a period of less than one (1) year, or deny the issuance of a license. Such action shall be based on the following:

1. (1) Information verified by the council staff indicating whether the facility is being operated in compliance with IC 12-28-5 and this article.
2. (2) Information from the Indiana state department of health indicating that the residence has been inspected within the preceding twelve (12) months to assure compliance with the fire safety standards in 431 IAC 3.1 or 431 IAC 4.
3. (3) In order to assure compliance, the council may impose conditions upon the granting of such a conditional license to assure the health, safety, and well-being of residents. A conditional license cannot be granted for longer than twelve (12) consecutive months.

(c) Except where the facility is temporarily closed or no longer able to house the residents due to an emergency or due to final action by the council revoking or denying renewal of the license, the provider shall notify the division and any agency with placement responsibility in writing ninety (90) days in advance of closure. Relocation of a residential facility shall constitute a closure, and a new application shall be submitted.

(Division of Disability, Aging, and Rehabilitative Services; 460 IAC 9-2-3; filed Sep 30, 1991, 1:40 p.m.: 15 IR 99; filed Nov 2, 1992, 5:00 p.m.: 16 IR 853; filed Apr 30, 1997, 9:00 a.m.: 20 IR 2375; readopted filed Oct 1, 2001, 3:40 p.m.: 25 IR 528; readopted filed Aug 22, 2008, 11:20 a.m.: 20080903-IR-431080545RFA; readopted filed Aug 11, 2014, 11:20 a.m.: 20140910-IR- 460140241RFA; readopted filed Nov 9, 2020, 3:08 p.m.: 20201209-IR-460200501RFA) NOTE: Transferred from the Community Residential Facilities Council (431 IAC 1.1-2-3) to the Division of Disability and Rehabilitative Services (460 IAC 9-2-3) by P.L.229-2011, SECTION 154, effective July 1, 2011.