.12 Action of the Department on Request for Approval to Use Deposits.

The Department shall issue a written approval to the provider permitting withdrawal of deposits from escrow for use by the provider when the Department determines that the provider has met the following requirements:

A. Construction of the proposed project has been completed as evidenced by a certificate of substantial completion;

B. A certificate of occupancy, or its equivalent, has been issued by the appropriate local jurisdiction;

C. An initial certificate of registration has been issued for any new units; and

D. Appropriate licenses or certificates required by MDH, MHCC, and the Department have been issued.