WAC 388-76-10125   License--May be denied.  The adult family home license may be denied if the applicant or the applicant's spouse, domestic partner, or any partner, officer, director, managerial employee or majority owner of the applying entity:

     (1) Has been convicted of:

     (a) Simple assault, theft in third degree, assault in the fourth degree, or prostitution and more than three years has passed since conviction;

     (b) Forgery or theft in the second degree and more than five years has passed since conviction;

     (c) Any felony that the department determines is reasonably related to the competency of the person to be involved in the ownership or operation of an adult family home; or

     (d) A crime involving a firearm used in commission of a felony or in any act of violence against a person.

     (2) Has engaged in the illegal use, sale or distribution of drugs or excessive use of alcohol or drugs without the evidence of rehabilitation;

     (3) Has committed an act of domestic violence toward a family or household member;

     (4) Has been found in any final decision of a federal or state agency to have abandoned, neglected, abused or financially exploited a vulnerable adult, unless such decision requires a license denial under WAC 388-76-10120;

     (5) Has had a license for the care of children or vulnerable adults denied, suspended, revoked, or not renewed;

     (6) Has a history of prior violations of chapter 70.128 RCW or any law regulating residential care facilities that resulted in revocation, suspension, or nonrenewal of a license;

     (7) Has been enjoined from operating a facility for the care and services of children or adults;

     (8) Has had a medicaid or medicare provider agreement or any other contract for the care and treatment of children or vulnerable adults, terminated, cancelled, suspended, or not renewed by any public agency, including a state medicaid agency;

     (9) Has been the subject of a sanction or corrective or remedial action taken by federal, state, county, or municipal officials or safety officials related to the care or treatment of children or vulnerable adults;

     (10) Has obtained or attempted to obtain a license by fraudulent means or misrepresentation;

     (11) Knowingly, or with reason to know, made a false statement of material fact on his or her application for a license or any data attached to the application, or in any matter involving the department;

     (12) Permitted, aided, or abetted the commission of any illegal act on the adult family home premises;

     (13) Willfully prevented or interfered with or failed to cooperate with any inspection, investigation, or monitoring visit made by the department, including refusal to permit authorized department representatives to interview residents or have access to their records;

     (14) Failed or refused to comply with:

     (a) A condition imposed on a license or a stop placement order; or

     (b) The requirements of chapters 70.128, 70.129, 74.34 RCW, this chapter or other applicable laws and regulations.

     (15) Misappropriated property of a resident, unless such action requires a license denial under WAC 388-76-10120;

     (16) Exceeded licensed capacity in the operation of an adult family home;

     (17) Operated a facility for the care of children or adults without a license or with a revoked license;

     (18) In connection with the operation of any facility for the care of children or adults, relinquished or returned a license, or did not seek license renewal following written notification that the licensing agency intended to deny, suspend, or revoke the license, unless such action requires a license denial under WAC 388-76-10120;

     (19) When providing care to children or vulnerable adults, has had resident trust funds or assets seized by the Internal Revenue Service or a state entity for failure to pay income or payroll taxes;

     (20) Failed to meet financial obligations as the obligations fell due in the normal course of owning or operating a business involved in the provision of care and services to children or vulnerable adults;

     (21) Has failed to meet personal financial obligations;

     (22) Interfered with a long-term care ombudsman or department staff in the performance of his or her duties;

     (23) Has not demonstrated financial solvency or management experience in its currently licensed homes, or has not demonstrated the ability to meet other relevant safety, health, and operating standards pertaining to the operation of multiple homes, including ways to mitigate the potential impact of vehicular traffic related to the operation of the homes; or

     (24) The home is currently licensed:

     (a) As a boarding home; or

     (b) To provide care for children in the same home, unless:

     (i) It is necessary in order to allow a resident's child(ren) to live in the same home as the resident or to allow a resident who turns eighteen to remain in the home;

     (ii) The applicant provides satisfactory evidence to the department of the home's capacity to meet the needs of children and adults residing in the home; and

     (iii) The total number of persons receiving care and services in the home does not exceed the number permitted by the licensed capacity of the home.

     (25) Failed to give the department access to all parts of the home as authorized under RCW 70.128.090.



[Statutory Authority: RCW 70.128.040. 10-03-064, § 388-76-10125, filed 1/15/10, effective 2/15/10; 09-03-028, § 388-76-10125, filed 1/12/09, effective 2/12/09. Statutory Authority: RCW 70.128.040 and chapters 70.128 and 74.34 RCW. 07-21-080, § 388-76-10125, filed 10/16/07, effective 1/1/08.]