HAR §11-89-3. §11-89-3 Licensure

(a) No person, or group of persons may operate a developmental disabilities domiciliary home unless it is licensed by the department. (b) Any person, or group of persons, desiring to operate a developmental disabilities domiciliary home shall apply to the department on forms furnished by the department. The department shall issue a license if the applicant meets the requirements of this chapter. (c) The caregiver and administrator shall provide two references who have adequate knowledge of the applicant's background in terms of character and ability to care for residents with developmental disabilities. Additional references shall be furnished upon the department's request. (d) The caregiver and administrator shall also complete clearances from: (1) Adult and child abuse and neglect registry (2) Hawaii criminal justice data center - Federal bureau of investigation fingerprinting clearance. (e) A developmental disabilities domiciliary home shall consist of a caregiver's certification and facility license. (f) No license shall be issued without certification approval as stated in sections 11-89-7 and 11-89-8 of these rules. (g) A license, when issued, shall be in force for one year, or at such other interval of time as may be decided by the department, and shall expire at that time unless renewed or extended by the department. (h) Each non-transferable license shall be issued to a person or agency by name and terminated on the date such individual withdraws from the ownership, management, control or operation of the facility. (i) Prior to licensure, a full disclosure of the facility's ownership or control, and a projected annual budget showing the home's expected income and expenditures at full occupancy shall be submitted to the department. The financial resources of the owner shall be sufficient to operate the facility according to standards set forth in this chapter. (j) Prior to licensure, current written policies governing the facility's rates, proposed staffing, visiting hours, emergency plans, access to records, residents' rights, and any other written policies required by this chapter for the type of residents proposed to be admitted, shall be submitted to the department. When policies are changed, an updated copy shall be submitted to the department. 89-6 1516