(a) The department may grant a provisional license for up to one (1) year to a service or facility if:
(1) The service or facility is making a diligent effort to comply with standards adopted under this part;
(2) The continued operation of the service or facility will not endanger the health or safety of its service recipients;
(3) The continued operation of the service or facility is necessary because care is not otherwise reasonably available for its service recipients;
(4) The service or facility has submitted an acceptable compliance plan specifying how and when deficiencies will be corrected; and
(5) The service or facility has substantially met the commitments made in the preceding year's compliance plan, if any.
(b) Failure to meet the commitments made in the compliance plan is a ground for revocation or suspension of the license.
(c) Copies of provisional licenses and compliance plans shall be maintained in a central location and are open to public inspection.
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