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Before an annual license for an institution shall be issued by the director, an application in such form as shall be prescribed by him for such license shall be made by the owner, his agent or the managing director.
Any false statement on an application for a license hereunder shall be grounds for denial, revocation or suspension of the license. (Mont. Co. Code 1965, § 89-11; 1972 L.M.C., ch. 16, § 13.)
No license shall be issued to any institution the location of which violates the zoning ordinance. If any such institution is required by such zoning ordinance to obtain a special exception from the county board of appeals, the director shall not issue a license to such institution until such special exception has been obtained. (Mont. Co. Code 1965, § 89-12.)
Cross reference-Zoning, Ch. 59.
No initial annual license for an institution, or renewal thereof, shall be issued under this article by the director unless the following certificates have been filed with the department and have been approved by him:
(a) A certificate from the department stating that the buildings to be occupied or used by the institution are structurally safe for the purpose for which such buildings are intended to be used, and that such buildings are in compliance with the applicable building, electrical and plumbing codes of the county, the applicable provisions of this chapter and the applicable building rules and regulations of the state and county boards of health.
(b) A certificate from the county fire marshal stating that the buildings are in compliance with the fire prevention code of the county, the fire regulations of this chapter, and the fire protection standards, rules and regulations of the state and local boards of health.
(c) A certificate from the department stating that the institution is in compliance with the applicable standards, rules and regulations of the county and state boards of health for the health, safety, general welfare and physical requirements of the patients as such standards and regulations are presently in force or are hereafter revised or adopted from time to time by such board pursuant to state or local laws, or pursuant to the provisions for the adopting of such standards and regulations by the county board of health as provided in this chapter. (Mont. Co. Code 1965, § 89-13; 1972 L.M.C., ch. 16, § 13.)
Separate licenses under this article shall be required for institutions maintained on separate premises, even though they are operated under the same management. Separate licenses shall not be required for separate buildings on the same grounds. (Mont. Co. Code 1965, § 89-14.)
No license shall be issued or renewed under this article unless the applicant, licensee, owner, operator, person in charge, or all employees who have supervisory duties in regard to the care of the patients of the institution, are of good moral, reputable and responsible character. In determining such character, the director shall consider police and penal history, including all convictions of the persons and the reasons therefor; license history, including whether such persons, in previously operating such an institution in this or another state, or in previous employment, have had a license revoked or suspended, the reasons therefor, and the demeanor of the persons subsequent to such action; general personal history, including such other facts relevant to the general personal history of the persons as the director shall find necessary to a fair determination of good character. The director shall have the authority to make such investigations as he may deem necessary in making determinations hereunder, and may request investigation and approval by the county police department of any applicant, owner, operator, licensee or person in charge of such institution, or employed by such institution, whenever he shall deem it necessary for the welfare of the patients. Doubts arising in connection with any investigation hereof shall be resolved in favor of the welfare, health and safety of the patients. (Mont. Co. Code 1965, § 89-15.)
(a) Upon a receipt of an application for an annual license under this article, or for renewal thereof, the director shall make or cause to be made all investigations and inspections required by this article. Upon conclusion of all such investigations and inspections, the director shall either issue or renew such license or deny the application thereof within sixty (60) days from the date the application was filed, or as soon thereafter as practical. On renewal applications, where the director has neither approved nor disapproved the application before the current license expires, the current license shall remain in effect until the director either approves or disapproves the application for renewal.
(b) If, upon the completion of all investigations and inspections, the director finds that an institution for which a license under this article is requested is not in compliance with the requirements of this article, the director shall, within ten (10) days after making such a finding, cause to be served on the director or administrator of the institution concerned written notice of such fact and shall, in such notice, advise him of the necessary corrective measures to be taken before a license will be issued or renewed. If the applicant shall fail to take the corrective steps specified, the director shall refuse to issue or refuse to renew such license, as the case may be.
(c) All orders and notices issued by the director hereunder shall be served on the person to whom they are directed, either by registered mail or by personal delivery to such person. If such person cannot be found in the county, service by personal delivery shall be made on the next immediate subordinate of such person or upon the person who is at the time in charge of the institution. If no such person can be located, service shall be made by publishing such notice once in a newspaper of general circulation published within the county. (Mont. Co. Code 1965, § 89-16; 1972 L.M.C., ch. 16, § 13.)
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