Grant of license; license extension.

(b) The commissioner may issue deleted text begin an initial deleted text end new text begin a new text end license for a period not to exceed two years if:

(1) the commissioner is unable to conduct the evaluation or observation required by subdivision 4, paragraph (a), deleted text begin clauses (3) and deleted text end new text begin clause new text end (4), because the program is not yet operational;

(2) certain records and documents are not available because persons are not yet receiving services from the program; and

(3) the applicant complies with applicable laws and rules in all other respects.

(c) A decision by the commissioner to issue a license does not guarantee that any person or persons will be placed or cared for in the licensed program. deleted text begin A license shall not be transferable to another individual, corporation, partnership, voluntary association, other organization, or controlling individual or to another location. deleted text end

deleted text begin (d) A license holder must notify the commissioner and obtain the commissioner's approval before making any changes that would alter the license information listed under paragraph (a). deleted text end

deleted text begin (e) deleted text end new text begin (d) new text end Except as provided in paragraphs deleted text begin (g) deleted text end new text begin (f) new text end and deleted text begin (h) deleted text end new text begin (g) new text end , the commissioner shall not issue or reissue a license if the applicant, license holder, or controlling individual has:

(1) been disqualified and the disqualification was not set aside and no variance has been granted;

(2) been denied a license new text begin under this chapter, new text end within the past two years;

(3) had a license new text begin issued under this chapter new text end revoked within the past five years;

(4) an outstanding debt related to a license fee, licensing fine, or settlement agreement for which payment is delinquent; or

(5) failed to submit the information required of an applicant under subdivision 1, paragraph (f) or (g), after being requested by the commissioner.

When a license new text begin issued under this chapter new text end is revoked under clause (1) or (3), the license holder and controlling individual may not hold any license under chapter 245A deleted text begin or 245D deleted text end for five years following the revocation, and other licenses held by the applicant, license holder, or controlling individual shall also be revoked.

deleted text begin (f) deleted text end new text begin (e) new text end The commissioner shall not issue or reissue a license new text begin under this chapter new text end if an individual living in the household where the deleted text begin licensed deleted text end services will be provided as specified under section 245C.03, subdivision 1 , has been disqualified and the disqualification has not been set aside and no variance has been granted.

deleted text begin (g) deleted text end new text begin (f) new text end Pursuant to section 245A.07, subdivision 1 , paragraph (b), when a license new text begin issued under this chapter new text end has been suspended or revoked and the suspension or revocation is under appeal, the program may continue to operate pending a final order from the commissioner. If the license under suspension or revocation will expire before a final order is issued, a temporary provisional license may be issued provided any applicable license fee is paid before the temporary provisional license is issued.

deleted text begin (h) deleted text end new text begin (g) new text end Notwithstanding paragraph deleted text begin (g) deleted text end new text begin (f) new text end , when a revocation is based on the disqualification of a controlling individual or license holder, and the controlling individual or license holder is ordered under section 245C.17 to be immediately removed from direct contact with persons receiving services or is ordered to be under continuous, direct supervision when providing direct contact services, the program may continue to operate only if the program complies with the order and submits documentation demonstrating compliance with the order. If the disqualified individual fails to submit a timely request for reconsideration, or if the disqualification is not set aside and no variance is granted, the order to immediately remove the individual from direct contact or to be under continuous, direct supervision remains in effect pending the outcome of a hearing and final order from the commissioner.

deleted text begin (i) deleted text end new text begin (h) new text end For purposes of reimbursement for meals only, under the Child and Adult Care Food Program, Code of Federal Regulations, title 7, subtitle B, chapter II, subchapter A, part 226, relocation within the same county by a licensed family day care provider, shall be considered an extension of the license for a period of no more than 30 calendar days or until the new license is issued, whichever occurs first, provided the county agency has determined the family day care provider meets licensure requirements at the new location.

deleted text begin (j) deleted text end new text begin (i) new text end Unless otherwise specified by statute, all licenses new text begin issued under this chapter new text end expire at 12:01 a.m. on the day after the expiration date stated on the license. A license holder must apply for and be granted a new license to operate the program or the program must not be operated after the expiration date.

deleted text begin (k) deleted text end new text begin (j) new text end The commissioner shall not issue or reissue a license new text begin under this chapter new text end if it has been determined that a tribal licensing authority has established jurisdiction to license the program or service.