West Virginia Code § 49-2-115

Conditions of licensure, approval and registration
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(a) A license or approval is effective for a period up to two years from the date of issuance,
unless revoked or modified to provisional status based on evidence of a failure to comply
with this chapter or any legislative rules promulgated by the secretary. The license or
approval shall be reinstated upon application to the secretary and a determination of
compliance. e
(b) An initial six-month license or approval shall be issued to an applicant establishing a new
service found to be in compliance on initial review with regard to policy, procedure,
organization, risk management, human resources, service envirounment and record keeping
regulations.
(c) A provisional license or approval may be issued when a licensee is not in compliance with
the legislative rules promulgated by the secretary but does not pose a significant risk to the
rights, well-being, health and safety of a consumer. It shall expire not more than six months
from date of issuance, and not be consecutively reilssued unless the provisional
recommendation is that of the State Fire Marsshal.
(d) A renewal license or approval may be iissued of any duration up to two years at the
discretion of the secretary. In the evgent a renewal license is not issued, the facility must
make discharge plans for residents and cease operation within thirty days of the expiration
of the license.
(e) A certificate of registration is effective for a period up to two years from the date of
issuance, unless revoked based on evidence of a failure to comply with this article or any
rules promulgated pursuant to this article. The certificate of registration shall be reinstated
upon application to the secretary, including a statement of assurance of continued
compliance with the legislative rules promulgated pursuant to this article.
(f) The license, approval or registration issued under this article is not transferable and
applies only to the facility and its location stated in the application. The license, registration
or approval shall be publicly displayed. The foster and adoptive family homes, informal
family child care homes and relative family child care homes shall be required to display
registration certificates of registration or approval upon request rather than by posting.
(g) Provisional certificates of registration may be issued to family child care homes.
(h) The secretary, as a condition of issuing a license, registration or approval, may:
(1) Limit the age, sex or type of problems of children allowed admission to a particular
facility;
(2) Prohibit intake of any children; or
(3) Reduce the number of children which the agency, facility or home operated by the
agency is licensed, approved, certified or registered to receive.

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