Provisional license

The department may issue a provisional license to an applicant who has previously held an unrestricted license. 1. Any provisional license issued must be accompanied by a written statement identifying in what respect the applicant or the facility does not comply with North Dakota Century Code chapter 50-11 and rules governing the provision of care, signed by the department or its designee, and, in writing, be acknowledged by the provider. 2. The applicant shall comply with North Dakota Century Code chapter 50-11 and the rules of the department within the period of time the provisional license is in effect. 3. A provisional license must: a. Prominently state that the facility has failed to comply with all applicable laws and rules of the department; b. State that the items of noncompliance are set forth in a written statement available upon request made to the licensed provider; c. Expire on a set date, not to exceed six months from the date of issuance; and d. Be replaced by an unrestricted license, if the applicant demonstrates compliance satisfactory to the department with all applicable laws and rules within the period of time the provisional license is in effect. 4. A provisional license must be issued only to an applicant who has, in writing, waived: a. The right of a written statement of changes as to the reasons for the denial of an unrestricted license; and b. The right to an administrative hearing, in the manner provided in North Dakota Century Code chapter 28-32, concerning the denial of an unrestricted license either at the time of application or during the period of operation under a provisional license. 5. Subject to the exceptions contained in this section, a provisional license is equivalent to an unrestricted license.