52-2-804. License required — term of license — fees. (1) A person, group of persons, or corporation may not establish or maintain a program as defined in this part unless licensed to do so by the department. A license is valid only for the person and premises for which it was issued. A license may not be sold, assigned, or transferred.

Terms Used In Montana Code 52-2-804

  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Department: means the department of public health and human services provided for in 2-15-2201. See Montana Code 52-2-802
  • License: means a written document issued by the department that the license holder has complied with this part and the applicable standards and rules for programs. See Montana Code 52-2-802
  • Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
  • Program: means a private alternative adolescent residential or outdoor program that provides a structured, private, alternative residential setting for youth who are experiencing emotional, behavioral, or learning problems and who have a history of failing in academic, social, moral, or emotional development at home or in less-structured traditional settings. See Montana Code 52-2-802

(2)The department:

(a)may issue a license that remains in effect for a period not to exceed 3 years; and

(b)may charge a reasonable fee commensurate with administrative costs to issue a license, as set forth by rule.

(3)A 3-year license may be issued only to a program that has not received notice of any deficiencies on the licensing criteria and implementation guidelines that are provided in department rule.