Kan. Admin. Regs. § 30-47-104 - Terms of temporary permit or license
(a) Temporary permit or license required. No
person shall operate a center unless the person has been issued a temporary
permit or a license by the secretary.
(b) Requirements. Each permittee and each
licensee shall ensure that the following requirements are met:
(1) Each temporary permit or license shall be
valid only for the permittee or licensee and for the address specified on the
temporary permit or the license. When an initial or amended license becomes
effective, all temporary permits or licenses previously granted to the
permittee or licensee at the same address shall become void.
(2) The maximum number, the age range, and
the gender of juveniles authorized by the temporary permit or the license shall
not be exceeded.
(3) The current
temporary permit or the current license shall be posted in an area accessible
to the public.
(c) New
application required. A new application and the fee specified in 30-47-103
shall be submitted for each change of ownership or location at least 90
calendar days before the planned change.
(d) Changes. Each applicant, each permittee,
and each licensee shall obtain the secretary's written approval before making
any change in any of the following:
(1) The
use or proposed use of the buildings;
(2) the physical structure of any building,
including the following:
(A) An addition or
alteration as specified in 30-47-107 ;
(B) the use of locked entrances;
and
(C) any delayed-exit
mechanisms;
(3) the
program, provided through either direct services or agreements with specified
individuals or community resources, which shall include the following: ongoing
communications protocols established with local law enforcement authorities;
admission, discharge, referral or records transfer processes coordinated with
treatment providers and community mental health centers; and emergency plan
protocols established with local health care providers; or
(4) orientation topics or required in-service
training.
(e) Renewals.
(1) Each licensee shall complete and submit
an application for renewal on forms provided by the department, the fee
specified in
K.S.A. 65-505 and amendments thereto, and the
request for background checks specified in 30-47-105, 90 calendar days before
the renewal date.
(2) Failure to
submit the renewal application and fee within 30 days after the renewal due
date shall result in an assessment of a late renewal fee that is equal to the
renewal fee, pursuant to
K.S.A. 65-505 and amendments thereto, and may result
in closure of the facility.
(f) Exceptions. Any applicant, permittee, or
licensee may request an exception to a specific regulation. Each request shall
be submitted to the secretary on a form provided by the department. The
exception may be approved at the discretion of the secretary if the intent of
the regulation is met in an alternative manner.
(1) A request for an exception may be granted
if the secretary determines that the exception is not detrimental to the
health, safety, and welfare of one or more juveniles or the family of a
juvenile and the exception does not violate statutory requirements.
(2) written notice from the secretary stating
the nature of each exception and its duration shall be kept on file at the
center and shall be readily accessible to the department.
(g) Amendments to license. Any licensee may
submit a written request for an amended license.
(1) Each licensee who intends to change the
terms of the license, including the maximum number, the age range, or the
gender of juveniles to be served, shall submit a request for an amendment on a
form provided by the department and a nonrefundable amendment fee of $35. An
amendment fee shall not be required if the request to change the terms of the
license is made at the time of license renewal.
(2) Each request for a change in the maximum
number, the age range, or the gender of juveniles to be served shall include
written documentation of the notification to the school district where the
center is located, as specified in 30-47-103.
(3) The licensee shall make no change to the
terms of the license, including the maximum number of juveniles, the age range
of juveniles to be served, the gender of juveniles, and the type of license,
unless an amendment has been granted by the secretary in writing.
(h) Closure. Each center shall
have policies and procedures related to the closure of the center. The policies
and procedures shall include record retention for the center. Any applicant or
permittee may withdraw the application for a license. Any licensee may submit,
at any time, a request to close a facility operated by the licensee. If an
application is withdrawn or a facility is closed, the current or temporary
permit or license granted to the permittee or licensee for that facility shall
become void.
Notes
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