Section 370.150  Issuance of an Initial License Due to a Change of Ownership

a)         Upon receipt and review of an application for a license the Director shall issue a probationary license if the facility is in substantial compliance with the Act and these regulations.

b)         Whenever ownership of a facility is transferred from the person named in a license to any other person, the transferee shall obtain a new probationary license. The transferee shall notify the Department of the transfer and apply for a new license at least thirty (30) days prior to final transfer.

c)         The license granted to the transferee shall be subject to any plan of correction submitted by the previous owner and approved by the Department.

d)         The Department will issue a probationary license for a period of six (6) months from date of issuance if the facility is in substantial compliance with all applicable statutes and rules.

e)         The Department shall conduct an investigation of the applicant within thirty (30) days of the termination of the probationary license to determine whether or not the applicant then complies except as otherwise determined in Section 9(3) of the Act.  If in compliance, the probationary license will be replaced with a regular license.  If not in compliance the Department will allow the probationary license to expire.

f)         The issuance date of the probationary license to the new owner will be the date the last licensure requirement is met as determined by the Department.  Prior to actual receipt by the operator of the license certificate, the operator may begin operation upon receipt of written approval by the Department.