5139-35-02 Approval process.

(A) Application

(1) Any CRC which is designed to accommodate not more than one hundred fifty children at any one time, and which believes that it meets the requirements of Chapter 5139-35 of the Administrative Code, may apply for approval from the department.

(2) A new applicant may apply on forms provided by the department at any time. However, a period of sixty days may be required to process the application.

(3) Renewal applicants should submit, on an annual basis, a formal application on forms provided by the department, sixty days prior to the expiration of their current approval.

(B) Procedure for approval

(1) As part of the application process, staff of the department will make an on-site visit to the facility and review supporting materials to determine the agency's compliance with the standards as set forth in Chapter 5139-35 of the Administrative Code.

(2) The department shall make a decision on the application and send one of the following to the applicant:

(a) A notice of approval if the applicant meets standards set forth in Chapter 5139-35 of the Administrative Code. The approval is effective on the date of the signature of the director.

(b) A provisional approval if the applicant is temporarily unable to comply with one or more standards. The provisional approval will have a plan approved by the department to correct the areas of noncompliance in a stated time period. The provisional approval shall be issued for no more than six months and is not renewable.

(c) A notice of nonapproval if the applicant has not demonstrated its compliance with the standards set forth in Chapter 5139-35 of the Administrative Code. The notice of nonapproval shall cite the standard(s) which has/have not been met and shall be sent by certified mail.

(3) A notice of nonapproval is effective in thirty days unless appealed to the director of the department. Such appeal shall include the right to have a peer review under the provisions of paragraph (D)(1) of this rule.

(4) Within thirty days following the receipt of the appeal, the director shall render a decision in writing by certified mail to the CRC or order that a hearing be conducted to consider legal or factual issues of the appeal.

(5) If a hearing is conducted, the director shall render a decision in writing by certified mail to the CRC within thirty days of the hearing. The decision of the director shall be final.

(C) Duration of approval

(1) All approvals will automatically expire one year from the date of issuance, unless revoked sooner or unless an application for reapproval has been timely received and has not been finally acted upon.

(2) The department shall be advised, in writing, of any proposed operational change of the CRC so that the department can determine whether the change is in conformance with Chapter 5139-35 of the Administrative Code.

(D) Revocation of approval

(1) If the department believes that a CRC is in violation of provisions of Chapter 5139-35 of the Administration Code, it will inform the CRC of its intention to issue a letter of revocation under provisions of paragraph (D)(2) of this rule.

(2) The failure of a CRC to maintain compliance with the provisions of Chapter 5139-35 of the Administrative Code may result in the revocation of approval of the CRC, such revocation shall be in writing, specifying the provision(s) of Chapter 5139-35 of the Administrative Code which has/have been violated.

(3) A revocation is effective in thirty days unless appealed to the director of the department.

(4) Within thirty days following the receipt of the appeal, the director shall render a decision in writing by certified mail to the CRC or order that a hearing be conducted to consider issues of the appeal.

(5) If a hearing is conducted, the director shall render a decision in writing by certified mail to the CRC within thirty days of the hearing. The decision of the director shall be final.

Effective: 01/30/2009
R.C. 119.032 review dates: 08/14/2009 and 08/14/2014
Promulgated Under: 111.15
Statutory Authority: 5139.04
Rule Amplifies: 5139.04
Prior Effective Dates: 12/11/88