20.9.603    FACILITY LICENSE

(1) Each youth detention facility operating within the state of Montana must be licensed by the department. The facility's current youth detention license must be publicly displayed at the facility.

(2) The department shall issue a one-year youth detention facility license to any state or private facility which meets the requirements established by these rules, as determined by the department after a licensing study.

(a) The department shall renew the license annually on the expiration date of the previous year's license if the facility:

(i) makes written application for renewal at least 30 days prior to the expiration date of its current license; and

(ii) continues to meet the licensing requirements established by these rules, as determined by the department after a relicensing study.

(b) If a facility makes timely application for renewal of a license, but the department fails to complete the relicensing study before the expiration date of the previous year's license, the previous year's license will continue in effect for the time necessary for the department to complete the relicensing study.

(3) The department may, in its discretion, issue a provisional license for any period up to six months to any license applicant which:

(a) has met all applicable requirements for fire safety and health standards; and

(b) has agreed in writing to comply fully with all requirements established by these rules within the time period covered by the provisional license.

(4) The department may, in its discretion, renew a provisional license if the license applicant shows good cause for failure to comply fully with all of the requirements within the time period covered by the prior provisional license. The total time period covered by the initial provisional license and renewals may not exceed one year.

(5) Within 30 days of receipt of a written licensing inspection report, the facility shall provide to the department a written response to the report which includes a plan to correct any deficiencies identified by the inspection and the time frame for correcting the deficiencies.

(6) The facility may not detain more youth at one time than the number specified on the license except as stipulated in these rules.

History: 41-5-1802, MCA; IMP, 41-5-1802, MCA; NEW, 1999 MAR p. 121, Eff. 1/15/99; AMD, 2005 MAR p. 2665, Eff. 12/23/05.