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(a) The director may suspend a boarding home facility license for a period not to exceed 90 days if the director finds that:
(1) the licensee or employee of the boarding home facility failed to comply with any provision of this chapter, any other ordinance, or any state or federal law applicable to the operation of a boarding home facility;
(2) the licensee or employee of the boarding home facility intentionally or knowingly impeded or refused to allow an inspection by the director authorized under this chapter; or
(3) the possession, use, or sale of a controlled substance occurs at a boarding home facility.
(b) A boarding home facility for which the license has been suspended must provide a list of current residents to the director on the first day of the suspension and may not admit new residents during the time the license is suspended.
(c) The director, at his sole discretion, may enter into a good neighbor agreement with a licensee if the director determines that the good neighbor agreement would eliminate the noncompliance that would otherwise justify a suspension, result in prompt future inspections, and elevate one or more conditions at the boarding home facility to a standard above the requirements of this chapter.
(d) The director shall send to the licensee by certified mail, return receipt requested, a written statement of the reasons for the suspension, the date the suspension is to begin, the duration of the suspension, and the licensee’s right to appeal.
(e) A licensee whose license is suspended may not be granted a license to operate additional boarding home facilities during the period of suspension.
(f) A licensee commits an offense if he operates or owns a boarding home facility that admits new residents during the time that the suspension of the license is in effect. (Ord. Nos. 28706; 29753)
(a) Except as provided in Subsection (b), the director shall revoke any license issued to operate a boarding home facility if the director determines that:
(1) the licensee fails to meet the criminal history qualifications of Section 8A-37 of this chapter or allows an employee or volunteer to work at the facility who fails to meet the criminal history qualifications;
(2) the licensee intentionally made a false statement as to a material matter in the application or in a hearing concerning the license;
(3) the licensee failed to pay a fee required by this chapter at the time it was due; or
(4) a cause for suspension under Section 8A-10 has occurred and the license has already been suspended at least once within the preceding 12 months.
(b) The director, at his sole discretion, may enter into a good neighbor agreement with a licensee if the director determines that the good neighbor agreement would eliminate the noncompliance that would otherwise justify a revocation, result in prompt future inspections, and elevate one or more conditions at the boarding home facility to a standard above the requirements of this chapter.
(c) Before revoking a license under Subsection (a), the director shall notify the licensee in writing by certified mail, return receipt requested, that the license is being considered for revocation. The notice must include the reason for the proposed revocation, action the licensee must take, if any, to prevent the revocation, and a statement that the licensee has 10 days to comply with the notice.
(d) If, after 10 days from the date of the notice required in Subsection (c) was sent or delivered, the licensee has not complied with required actions listed in the notice, the director shall revoke the license and notify the licensee in writing of the revocation by certified mail, return receipt requested. The notice must include the reason for the revocation, and a statement informing the licensee of the right of appeal.
(e) If a boarding home facility license has been revoked, the licensee may not apply for a new license for 12 months from the date of revocation.
(f) If a boarding home facility license has been revoked, the licensee has 10 days to relocate residents of the facility and cease operations.
(a) If the director denies issuance or renewal of a license or suspends or revokes a license issued under this chapter, the action is final unless the licensee files an appeal with the permit and license appeal board in accordance with Section 2-96 of this code.
(b) The filing of an appeal stays the action of the director in suspending or revoking a license, or in denying renewal of a license that was valid on the date the application for renewal was submitted, until the permit and license appeal board makes a final decision.
(c) A good neighbor agreement may not be appealed.
(d) The permit and license appeal board may not impose a good neighbor agreement in connection with an appeal of a suspension or revocation.
(e) The permit and license appeal board shall consider the facts as they existed at the time of the license denial, suspension, or revocation in making its decision.
(f) The applicant or licensee has the burden of proof on appeal. (Ord. Nos. 28706; 29753)
(a) A license to operate a boarding home facility expires one year after the date of issuance. A pending application for renewal does not extend the expiration date of a previously issued license.
(b) A licensee shall apply for renewal at least 30 days before the expiration of the license on a form provided by the director. The licensee shall submit the fee, if any, prescribed by Section 8A-8 of this chapter, supply updated criminal background checks for all owners, operators, employees, and volunteers in accordance with Sections 8A-6(a)(9) and 8A-37 of this chapter, and update information contained in the original license application required under Section 8A-6 of this chapter, or any subsequent renewals under this section, if any of the information has changed. The licensee shall also sign a statement under penalty of perjury affirming that there is either no change in the information contained on the original license application and any subsequent renewal applications, or that the information that has been updated is accurate and complete.
(c) The director shall follow the procedures set forth in Section 8A-9 when determining whether to renew a license. (Ord. Nos. 28706; 29753)
A license to operate a boarding home facility and a license fee under Section 8A-8 is not transferable to another owner, operator, applicant, or location. (Ord. Nos. 28706; 32397)
(a) The licensee shall maintain the records listed in Subsection (b) either at the boarding home facility to which the records pertain or at a single location within the city. The licensee shall make those records available for inspection by the director or a peace officer at reasonable times upon request for purposes of administering this chapter.
(b) Records that must be maintained by the licensee include, but are not limited to:
(1) current records of ownership of the property where the boarding home facility is located;
(3) a copy of the boarding home facility's privacy policy, as required by Section 8A-34;
(4) records demonstrating compliance with applicable laws and regulations, as required by Section 8A-20;
(5) records documenting that each resident has received training on the emergency evacuation plan of the boarding home facility at least two times per calendar year, as required by Section 8A-29;
(6) records documenting that each resident was shown how to use all emergency exits from the facility within 24 hours of arrival at the facility, as required by Section 8A-30;
(7) records documenting the results of water sample testing if the boarding home facility obtains drinking water from a water well, as required by Section 8A-30;
(8) records documenting the initial screening of potential residents and the individualized assessments of residents, as required by Section 8A-34;
(9) records documenting whether residents have taken, or been reminded to take, their medication, as required by Section 8A-34;
(10) records documenting injuries, incidents, and unusual accidents that involve residents, as required by Section 8A-34;
(11) records documenting any allegations of abuse, neglect, or exploitation of a resident, as required by Section 8A-34;
(12) financial records for each resident for which the licensee is the representative payee or assists the resident with general money management, as required by Section 8A-34;
(13) a copy of the service agreement signed by each current resident, as required by Section 8A-34;
(14) records documenting required in-service education of boarding home facility staff;
(15) records documenting annual assessment and periodic monitoring of current residents to determine if residents are capable of self-administering medication and completing basic elements of personal care, as required by Section 8A-39;
(16) a roll of current residents, including their date of arrival, assigned room, and the name, address, and telephone number of the person or entity that referred them to the facility;
(17) a roll of former residents, including their date of departure, and the name, address, and telephone number of the person or entity in control of the residence to which they moved (if known);
(18) records documenting any work-related compensation received by each resident, as required by Section 8A-34 of this chapter; and
(19) any other records deemed necessary by the director for the administration and enforcement of this chapter.
(c) Except as otherwise provided, a licensee shall maintain a record that concerns a resident for three years after the resident no longer resides at the boarding home facility.
(d) Except as otherwise provided, a licensee shall maintain a record that does not concern a resident for three years. (Ord. Nos. 28706; 29753)
The licensee shall prominently and conspicuously post for display in a public area inside the boarding home facility that is readily available to residents, the operator, employees, and visitors the following:
(1) The license issued under this chapter to operate the boarding home facility. The license must be presented upon request to the director or to a peace officer for examination.
(2) A sign prescribed by the director specifying how complaints may be registered with the city.
(3) A notice in a form prescribed by the director stating that inspection reports are available at the facility for public inspection and providing a telephone number that may be used to obtain information concerning the facility. The licensee shall redact inspection reports where necessary to protect residents' privacy.
(4) A copy of the most recent inspection report relating to the facility by the city or a concise and accurate summary of that inspection report. The licensee shall redact inspection reports where necessary to protect residents' privacy.
(5) A notice in a form prescribed by the director that lists the name, location, and contact information for:
(A) the North Texas Behavioral Health Authority and the closest local public health services agency in the proximity of the facility; and
(B) a local organization or entity that represents, advocates, or serves elderly persons or persons with disabilities, including any related toll-free contact information for reporting emergencies to the organization or entity.
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