§ 7–2102. License requirements.

(a) Except as provided in subsections (b) and (c) of this section, it shall be unlawful to operate a facility in the District, whether public or private, for profit or not for profit, without being licensed by the Mayor. Each facility shall be licensed by both its type and the level(s) of care provided.

(b) Facilities that, before August 13, 1986, were not or would not have been subject to District licensure may operate without a license until 6 months after the issuance of applicable rules under § 7-2103.

(c) The continued operation of a facility pending action by the Mayor on an application for licensure renewal or initial licensure under subsection (b) of this section shall not be deemed unlawful if a completed application was timely filed but, through no fault of the facility’s administrator or adult caregiver(s), the Mayor has failed to act on the application before the expiration of the facility’s current license or, under subsection (b) of this section, its authorized period of operation. A facility operating under this subsection shall comply with all other provisions of this chapter and rules issued pursuant to this chapter.

(d) Application forms shall include copies of all certificates of approval, authority, occupancy, or need that are required as a precondition to lawful operation in the District.

(e) A license shall be valid only for the person(s), address, type of facility, and level(s) of care stated on the license.

(f) A licensee shall, whenever possible, give the Mayor at least 60 days advance written notice before transferring ownership of a facility, including, in the case of a corporate licensee, any transfer of the legal or beneficial ownership of 10% or more of the stock of the corporation. Upon notification, the Mayor may conduct an investigation or require reinspection to ensure that the facility will remain in compliance with this chapter, the rules issued pursuant to this chapter, and all other applicable laws.

(g) Unless sooner terminated or renewed, a license required by this chapter shall expire 1 year from the date it was issued or last renewed.

(h) A facility shall promptly honor all requests by District government officials, residents, and members of the public to inspect its license.

(i) Any license issued pursuant to this section shall be issued as a Public Health: Child Health and Welfare endorsement to a basic business license under the basic business license system as set forth in subchapter I-A of Chapter 28 of Title 47.

(Aug. 13, 1986, D.C. Law 6-139, § 3, 33 DCR 3804; Apr. 20, 1999, D.C. Law 12-261, § 2003(g), 46 DCR 3142; Oct. 28, 2003, D.C. Law 15-38, § 3(h), 50 DCR 6913.)

Prior Codifications

1981 Ed., § 3-802.

Effect of Amendments

D.C. Law 15-38, in subsec. (i), substituted “Public Health: Child Health and Welfare endorsement to a basic business license under the basic” for “Class A Public Health: Child Health and Welfare endorsement to a master business license under the master”.

Emergency Legislation

For temporary (90 day) amendment of section, see § 3(h) of Streamlining Regulation Emergency Act of 2003 (D.C. Act 15-145, August 11, 2003, 50 DCR 6896).