Section 370.150 Issuance of an Initial License Due to a Change of Ownership

Section 370

Section 370.150  Issuance of

an Initial License Due to a Change of Ownership

a)         Upon receipt and review of an application for a license the

Director shall issue a probationary license if the facility is in substantial

compliance with the Act and these regulations.

b)         Whenever ownership of a facility is transferred from the

person named in a license to any other person, the transferee shall obtain a

new probationary license. The transferee shall notify the Department of the

transfer and apply for a new license at least thirty (30) days prior to final

transfer.

c)         The license granted to the transferee shall be subject to any

plan of correction submitted by the previous owner and approved by the

Department.

d)         The Department will issue a probationary license for a period

of six (6) months from date of issuance if the facility is in substantial

compliance with all applicable statutes and rules.

e)         The Department shall conduct an investigation of the applicant

within thirty (30) days of the termination of the probationary license to

determine whether or not the applicant then complies except as otherwise

determined in Section 9(3) of the Act.  If in compliance, the probationary

license will be replaced with a regular license.  If not in compliance the

Department will allow the probationary license to expire.

f)         The issuance date of the probationary license to the new owner

will be the date the last licensure requirement is met as determined by the

Department.  Prior to actual receipt by the operator of the license

certificate, the operator may begin operation upon receipt of written approval

by the Department.