Kan. Admin. Regs. § 28-4-269 - Licensing procedures
Current through Register Vol. 40, No. 39, September 30, 2021
This regulation shall be effective on and after July 30, 2002.
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28-4-269. Licensing procedures. (a) A person shall not conduct a group boarding home or residential center for children under 16 years of age unless a license is issued by the secretary.
(b) Each person desiring to conduct a group boarding home or residential center shall submit the following:
(1) An application for a license, which shall be submitted on forms supplied by the department; and
(2) the license fee as specified in K.S.A. 65-505, and amendments thereto.
(c) A license shall not be issued until all of the following information is submitted:
(1) A written proposal that details the following:
(A) The purpose of the facility;
(B) the administration plan for the program, including an organizational chart;
(C) the financing plan for the program;
(D) staffing for the program, including job descriptions;
(E) the services to be offered, including the number, age range, and sex of residents to be served; and
(F) admission criteria and a description of the level of care to be provided to the residents through either of the following:
(i) Direct services; or
(ii) agreements with specified community resources;
(2) a copy of the written notification provided to the school district where the facility is located, including the following:
(A) The anticipated opening date;
(B) the number, age range, and anticipated special education needs of the residents to be served; and
(C) a request for educational services or a request for approval of proposed alternative formal schooling to be provided by the facility as required by K.A.R. 28-4-274(d);
(3) documentation that the notification required by paragraph (c)(2) was received by the school district at least 90 days before the planned opening date;
(4) floor plans for each building to be used as a group boarding home or residential center; and
(5) documentation of the state fire marshal's approval.
(d) The proposal required by paragraph (c)(1) shall be approved by the secretary before a license is issued.
(e) A license shall be issued by the secretary if the applicant is in compliance with the requirements of K.S.A. 65-501 through 65-516, and amendments thereto, and the regulations promulgated pursuant to those statutes, and has made full payment of the license fee.
(f) Each licensee shall notify the secretary and obtain written approval from the secretary before making any change in any of the following:
(1) The admission criteria;
(2) the use of the buildings; or
(3) the program, including the level of care provided through either of the following:
(A) Direct services; or
(B) agreements with specified community resources.
(g) the notification of a proposed change in the program, the admission criteria, or the level of care of the residents shall include the following:
(1) A copy of the written notification of the proposed change that was submitted to the school district where the facility is located; and
(2) documentation that the notification required in paragraph (g)(1) was received by the school district at least 90 days before the anticipated date of any proposed change.
(h) Renewals. Each licensee who wishes to renew the license shall apply for renewal of the license annually on forms supplied by the department and shall submit the fee as specified in K.S.A. 65-505, and amendments thereto.
(i) Request to withdraw an application or terminate a license.
(1) Each applicant shall inform the department if the applicant desires to withdraw the application. The withdrawal of the application shall be acknowledged by the department in writing. A new application and a new fee shall be required before opening a facility. No applicant shall admit a child before the applicant receives a license.
(2) Each licensee shall inform the department if the licensee desires to terminate the license. The licensee shall return the license to the department with the request to terminate the license. The request and the license shall be accepted by the department. The licensee and other appropriate agencies shall be notified by the department that the license is terminated and that the facility is considered closed. The former licensee shall submit a new application and fee to the department if that person desires to obtain a new license. That person shall not reopen the facility or admit any child before receiving a new license.
(j) A new application and fee shall be submitted for each change of ownership, sponsorship, or location.
(k) Grievance procedures.
(1) Each applicant or licensee receiving notice of denial or revocation of license shall be notified of the right to request an administrative hearing by the secretary and subsequently of the right of appeal to the district court.
(2) If an applicant or licensee disagrees with a notice documenting any finding of noncompliance with licensing statutes or regulations, the applicant or licensee may request an explanation of the finding from the secretary's designee. If the explanation is not satisfactory to the applicant or licensee, the applicant or licensee may submit a written request to the secretary for reconsideration of the finding. The written request shall identify the finding in question and explain why the applicant or licensee believes that the finding should be changed. This request shall be made to the secretary within 10 days after receiving the explanation.
(1) An applicant or a licensee may submit a written request for an exception to a regulation to the secretary. An exception may be granted if the secretary determines the exception to be in the best interest of a child or children and their families, and if statutory requirements are not violated.
(2) Each licensee shall post with the license the written notice from the secretary stating the nature and duration of the exception.
(m) Amended license.
(1) Each licensee shall submit a request for an amended license and a $35.00 fee to the secretary if the licensee desires to make any change in any of the following:
(A) The license capacity;
(B) the age of children to be served; or
(C) the living units.
(2) Each request for a change in the license capacity or the age range of children to be served shall include the following:
(A) A copy of the written notification of the proposed change that was submitted to the school district where the facility is located; and
(B) documentation that the notification required by paragraph (m)(2)(A) was received by the school district at least 90 days before the anticipated date of any proposed change.
(3) The licensee shall make no change unless permission is granted, in writing, by the secretary. If granted, the licensee shall post the amended license, and the prior license shall no longer be in effect.
(n) Waiver of 90-day notification to the local school district. The 90-day notification to the local school district may be waived by the secretary upon receipt of a written agreement by the local school district.
This regulation shall be effective on and after July 30, 2002. (Authorized by K.S.A. 2001 Supp. 65-508; implementing K.S.A. 2001 Supp. 65-501, 65-504, 65-505, 65-506, and 65-508; effective May 1, 1986; amended, T-87-34, Nov. 19, 1986; amended May 1, 1987; amended, T-28-4-1-02, April 1, 2002; amended July 30, 2002.)