1. An application for a license to operate a facility must be made to the department.

2. An application must be made in the form and manner prescribed by the department.

3. An application for a license must be filed immediately upon change of provider or location.

4. An application is not complete until all required information and verifications are submitted to the department, including: a. Fire inspections by the state fire marshal or local fire inspector, if required under subsection 7 of section 75-03-21-06; b. A self-declaration of medical history and, when requested by the department, a report of a physician's examination; c. A report of psychological examinations, when requested by the department; d. Proof of age and relationship, when requested by the department; e. Sanitation and safety inspection reports, when requested by the department; f. Completed application form; g. Drug and alcohol evaluation report, when requested by the department; h. Licensing study report assessing the applicant's compliance with this chapter and North Dakota Century Code chapter 50-11; i. Documentation of completion of a course related to fire prevention and safety; j. Fire safety self-declaration form; k. Evidence that all caregivers are properly qualified to provide care as provided in section 75-03-21-08; l. A successfully completed criminal background check as specified in North Dakota Century Code sections 50-11-02.4, 50-11-06.8, and 50-11-06.9; m. Examples of service logs to be used to account for service time and tasks performed for each resident; n. An evacuation disaster plan; and o. A sample menu plan compliant with dietary guidelines outlined in subsection 4 of section 75-03-21-11.

5. The department has sixty days from receipt of all application requirements to issue or deny a license. The department has an additional forty-five days to grant or deny a license required by this chapter if the department notifies the applicant that additional time is necessary.

6. An applicant may not hold itself out as a facility before the applicant has been issued a license by the department.

History: Effective May 1, 1992; amended effective May 1, 1995; September 1, 2004; January 1, 2009; October 1, 2012; October 1, 2016; July 1, 2020; April 1, 2026.

General Authority: NDCC 50-06-16, 50-11-03

Law Implemented: NDCC 50-11-02, 50-11-03, 50-11-06.7