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Incomplete or deficient applications

Social Service Agencies (Operators Of Residential Care Facilities For Children) (Registration, Licensing And Minimum Operating Requirements) Regulations, reg. 6 · Revised Edition 2020

(1) Where an applicant fails to submit all relevant materials and information required by the Registrar in order to process the application, the Registrar shall within fifteen calendar days of the receipt of the application, give written notice to the applicant to submit to him such materials or information within thirty calendar days of the giving of the written notice, and if the thirty calendar days elapse before the applicant responds as required, the Registrar may, in his absolute discretion, refuse to allow the application, duly stating his reasons for such refusal. (2) Where an application is deficient by reason of not meeting the minimum licensing requirements for residential care facilities for children as provided in the Act or these Regulations, the Registrar shall in writing request the applicant to correct such defects within thirty calendar days of such written request and– (a) if the applicant corrects such defects to the satisfaction of the Registrar within the specified time limit, he shall register and license the Social Service Agencies 67 applicant as a residential care facility for children; but (b) if the applicant fails to correct the defects to the satisfaction of the Registrar within the specified time limit, he may disallow the application and refuse to register the applicant as a residential care facility for children, duly stating his reasons for such refusal. (3) Where an application contains a statement that is false in a material particular, the Registrar may, upon discovery of the falsehood, refuse to register and license the applicant as a residential care facility for children if he has not yet registered and licensed the applicant, or cancel or suspend the registration and licence of the operator with effect from the date of such discovery if he has already registered and licensed the operator. (4) Without prejudiced to subregulation (3) above, any applicant who provides a false statement in an application commits an offence and is liable on summary conviction to a fine not exceeding two thousand dollars or to imprisonment for a period not exceeding six months. Form IV. Schedule. (5) Before suspending or cancelling the registration and licence of an operator as provided in subregulation (3) above, or before refusing to register and license an applicant, or to renew the registration and licence of an applicant, the Registrar shall give to such operator or applicant operator or applicant, as the case may be, written notice of his intention, in the form set out in Form IV of the Schedule hereto, and shall in that notice inform the residential care facility for children or the applicant that if he is not satisfied with the Registrar’s decision he may appeal against the decision, in accordance with section 22 of the Act, to the Minister within fourteen calendar days of the giving of the notice.
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