(2) Departmental administrative delays have occurred which: (a) Are beyond the control of the applicant or licensee; and (b) Have prevented the Department from completing its licensure activity. 10.07.14.08 .08 Changes in a Program that Affect the Operating License. A. Increase in Capacity or Name Change. (1) During the license period, a licensee may not increase capacity, change its name, or change the name under which the program is doing business, without the Department's approval. When there is a change of program ownership or a change of location, the licensee shall submit a new application and written request for a new license and an application fee, as established in Regulation .07A(3) of this chapter to the Department. (2) Sale, Transfer, or Lease of a Facility. (a) If a sale, transfer, or lease of a facility causes a change in the person or persons who control or operate the assisted living program, the assisted living program shall be considered a new program and the licensee shall apply for a new license and conform to all regulations applicable at the time of transfer of operations. [(b) The transfer of any stock which results in a change of the person or persons who control the program or the transfer of any stock in excess of 25 percent of the outstanding stock, constitutes a sale.] [(c)] For the purposes of Life Safety Code enforcement the program is considered an existing facility (b) if it has been in continuous use as an assisted living program. (3) The Department shall issue a new license on approval of: (a) [A change in licensure] capacity; Licensure
(2) Departmental administrative delays have occurred which: (a) Are beyond the control of the applicant or licensee; and (b) Have prevented the Department from completing its licensure activity. 10.07.14.08 .08 Changes in a Program that Affect the Operating License. A. Increase in Capacity or Name Change. (1) During the license period, a licensee may not increase capacity, change its name, or change the name under which the program is doing business, without the Department's approval. When there is a change of program ownership or a change of location, the licensee shall submit a new application and written request for a new license and an application fee, as established in Regulation .07A(3) of this chapter to the Department. (2) Sale, Transfer, or Lease of a Facility. (a) If a sale, transfer, or lease of a facility causes a change in the person or persons who control or operate the assisted living program, the assisted living program shall be considered a new program and the licensee shall apply for a new license and conform to all regulations applicable at the time of transfer of operations. [(b) The transfer of any stock which results in a change of the person or persons who control the program or the transfer of any stock in excess of 25 percent of the outstanding stock, constitutes a sale.] [(c)] (b) For the purposes of Life Safety Code enforcement the program is considered an existing facility if it has been in continuous use as an assisted living program. (3) The Department shall issue a new license on approval of: (a) [A change in licensure] Licensure capacity;
10.07.14_Draft_9_30_16.docx