§ 131D-10.6. Powers and duties of the Department.
§ 131D‑10.6. Powers andduties of the Department.
In addition to other powersand duties prescribed by law, the Department shall exercise the followingpowers and duties:
(1) Investigateapplicants for licensure to determine whether they are in compliance withlicensing rules adopted by the Commission and the provisions of this Article.
(2) Grant a license whenan investigation shows compliance with this Article and Commission rules. Thelicense shall be valid for a period not to exceed 24 months as specified byCommission rules and may be revoked or placed in suspended or provisionalstatus sooner if the Department finds that licensure rules are not being met orupon a finding that the health, safety or welfare of children is threatened.
(3) Administer andenforce the provisions of this Article and the rules of the Commission.
(4) Appoint hearingofficers to conduct appeals pursuant to this Article.
(5) Prescribe the formin which application for licensure or a request for waiver of Commission rulesshall be submitted.
(6) Inspect facilitiesand obtain records, documents and other information necessary to determinecompliance with the provisions of this Article and Commission rules.
(7) Grant, deny, suspendor revoke a license or a provisional license, in accordance with Commissionrules.
(8) Act to grant or denya request for waiver of Commission rules within 10 business days after itsreceipt. Grant a waiver for good cause to Commission rules that do not affectthe health, safety, or welfare of children in facilities subject to licensureunder this Article, in accordance with Commission rules.
(9) Undertake acomprehensive study of the existing procedures for granting or denying anapplication for licensure or a request for waiver of Commission rules and reportto the General Assembly on or before May 1, 1998, regarding its efforts to makethe process more efficient and less time‑consuming and itsrecommendations for any changes in the licensing laws or rules. The study shallinclude the development of a procedure that will ensure that the local GuardianAd Litem Program is notified by the county department of social services of therequest for a waiver if a guardian has been appointed for any child who may beaffected by the waiver.
(10) Report annually on October1 to the Joint Legislative Oversight Committee on Mental Health, DevelopmentalDisabilities, and Substance Abuse Services the level of facility compliancewith applicable State law governing the use of restraint and time‑out inresidential child‑care facilities. The report shall also include thetotal number of facilities that reported deaths under this section, the numberof deaths reported by each facility, the number of deaths investigated pursuantto this section, and the number found by the investigation to be related to theuse of physical restraint or time‑out. (1983, c. 637, s. 2; 1997‑110, s. 1; 2000‑129,s. 5(b); 2003‑58, s. 3.)