Section 31.05. Issuance of an operating certificate

(a)  No  operating  certificate  shall  be  issued by the commissioner
  unless the commissioner finds:
    1. that the premises, equipment, personnel, records, and  program  are
  adequate  and  appropriate  to  provide  the  services  for the mentally
  disabled which are sought to be authorized,
    2. that such services will be provided in compliance  with  applicable
  law and regulations,
    3.  that,  in  the  case  of a community residence or residential care
  center for adults,  residents  will  be  evaluated  upon  admission  and
  periodically  thereafter  to  determine  their  need  for  mental health
  services which are not provided on site,
    4. that, in the case of any community residence  or  residential  care
  center  for  adults,  adequate  and  appropriate  aftercare services are
  available (i) through a department facility or (ii) within the community
  in which such residence is located; and
    5. that, in the case of any community residence  or  residential  care
  center  for  adults,  the  provider  of  services of such residence will
  assist residents in gaining access to such aftercare services.
    * 6. that, in the case  of  any  comprehensive  psychiatric  emergency
  program,  there  are  services  and  necessary  agreements, contracts or
  affiliations to provide crisis intervention  services,  crisis  outreach
  services,  crisis  residence services, extended observation beds, triage
  and referral services as part of an approved  comprehensive  psychiatric
  emergency  services  plan  submitted  pursuant  to section 31.27 of this
  article.
    * NB Repealed July 1, 2012
    7. that an  application  for  the  establishment  or  operation  of  a
  facility  for which an operating certificate is required by this article
  from the commissioner of mental health has been approved  in  accordance
  with applicable provisions of this article.
    (b)  The  commissioner  may disapprove an application for an operating
  certificate, may authorize fewer services  than  applied  for,  and  may
  place such limitations and conditions on the operating certificate as he
  deems  desirable.  In  such  case  he  shall  afford  the  applicant  an
  opportunity to be  heard  and  such  hearing  shall  be  public,  if  so
  requested by the applicant.
    (c)  The  commissioner shall specify on each operating certificate the
  kind or kinds of services for the mentally disabled that are authorized,
  any  limitations  or  conditions,  and  the  expiration  date   of   the
  certificate.