Provisional license

1. A provisional license must state: a. The facility has failed to comply with applicable standards and regulations of the department; b. The areas of noncompliance noted by the department in a written document; and c. An expiration date not to exceed one year from the date of issuance. 2. The department shall exchange a provisional license for an unrestricted license, upon the facility's demonstration of compliance, satisfactory to the department, with all applicable standards and regulations. 3. A provisional license may be issued only to a facility who has acknowledged, in writing, the factual and legal basis for the violation. If not acknowledged by the facility, the department may revoke a license in accordance with this chapter or North Dakota Century Code chapter 50-11. 4. Any provisional license must be accompanied by a written statement of violation signed by a designee of the department. 5. A facility with a provisional license is not eligible for foster care maintenance payments. The facility shall be eligible to receive foster care maintenance payments for only the period after which the department determines the facility is in full compliance with the applicable licensing standards and regulations. 6. Subject to the exceptions contained in this section, a provisional license entitles the facility to all the rights and privileges afforded a facility operating under an unrestricted license.