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from dementia, but who are not diagnosed as chronically mentally ill; and

(3) to approximately equal numbers of persons described in both (1) and (2) of this subsection, or to a home seeking its probationary license and for which the administrator has not yet decided which specific category of persons to serve; in such a case the department will consider the purposes of AS 47.33, the service features of the particular home, and, if any, the preference of the home, and decide whether to issue that home a license entitling the home to serve persons described in both (1) and (2) of this subsection. (Eff. 7/1/95, Register 134; am 4/6/2002, Register 162; am 6/24/2004, Register 170) Statutory Authority: Authority: AS 47.32.010 AS 47.32.030 Editor’s note: Effective July 1, 2022, Executive Order 121 split the former Department of Health and Social Services into the Department of Health and the Department of Family and Community Services. As of Register 242 (July 2022), the regulations attorney made conforming technical revisions under sec. 138, E.O. 121 and AS 44.62.125(b)(6), to the authority citation for 7 AAC 75.020 by substituting references to AS 47.32.010 and 47.32.030 for the references to former AS 47.33.410 and 47.33.920 (repealed 2005). 7 AAC 75.030. Powers and duties of the department. (a) The department will

(1) license assisted living homes in accordance with AS 47.33 and this chapter;

(2) investigate license applicants, licensees, and homes that are required to be licensed for compliance with AS 47.33 and this chapter;

(3) enforce the standards established by AS 47.33 and this chapter; and

(4) inspect and investigate complaints of abandonment, abuse, exploitation, neglect, or self-neglect in assisted living homes. (b) The department may designate by a written agreement conforming to (c) of this section a state, municipal, or private agency to investigate and make recommendations to the department for the licensing of assisted living homes under procedures and standards of operation established by the department. (c) An agreement executed under (b) of this section must include