Article 79Appointment as service provider of Designated In-Home Long-Term Care Support Providers

一when the applicant is not a person specified by Municipal Ordinance;

二when the number of Long-Term Care Support Specialists of the Business Office pertaining to said application does not meet the number of employees determined by Municipal Ordinance as set forth in Article 81, paragraph (1);

三when it is determined that the applicant cannot perform proper In-Home Long-Term Care Support Business in accordance with standards pertaining to Management of a Designated In-Home Long-Term Care Support Business as prescribed in Article 81, paragraph (2);

三の二when the applicant is punished by imprisonment or a more severe penalty and said execution of the penalty has not been completed or has not yet expired;

四when the applicant is punished by a fine pursuant to the provisions of this Act or another Act pertaining to citizens' health and medical care and public aid as determined by a Cabinet Order and the execution of said penalty has not yet been completed or has not yet expired;

四の二when the applicant is punished by a fine pursuant to the provisions of laws concerning labor specified by Cabinet Order and execution of said penalty has not yet been completed or has not yet expired;

四の三when the applicant, with regard to insurance premiums, etc., was subject, by the day before the day of making said application, to a disposition of delinquency based on the provisions of the Act that provides for the obligation of payment, and has continued, for a period of three months or more from the day of receiving said disposition without a justifiable reason, to be delinquent in all of the insurance premiums, etc. whose due dates of payment arrived on or after the day of receiving said disposition;

五when the applicant is a person whose designation has been rescinded pursuant to the provisions of Article 84, paragraph (1) or Article 115-35, paragraph (6) and five years have not elapsed from the date of said rescission (in a case when a person whose designation has been rescinded is a juridical person, including a person who was an Officer, etc., of said juridical person within sixty days prior to the date of notification pursuant to the provisions of Article 15 of the Administrative Procedure Act pertaining to the disposition of said rescission and five years have not elapsed from the date of said rescission, and in a case when a person whose designation has been rescinded is a Business Office that is not a juridical person, including a person who was a manager of said Business Office within sixty days prior to the date of said notification and five years have not elapsed from the date of said rescission), however, excluding a case in which the rescission of said designation falls under one that is specified by Order of the Ministry of Health, Labour and Welfare as being appropriate to treat as not falling under the rescission of the designation prescribed in the main clause of this item, among the rescissions of the appointment as service provider of a Designated In-Home Long-Term Care Support Provider, in consideration of the facts that were the grounds for the disposition of said rescission, the status of efforts by said Designated In-Home Long-Term Care Support Provider toward the establishment of an operational control system to prevent the occurrence of said facts, and other matters on the degree of responsibility that said Designated In-Home Long-Term Care Support Provider had in relation to said facts;

五の二when a person who has a close relationship with the applicant has had a designation rescinded pursuant to the provisions of Article 84, paragraph (1) or Article 115-35, paragraph (6) and five years have not elapsed from the date of said rescission, however, excluding a case in which the rescission of said designation falls under one that is specified by Order of the Ministry of Health, Labour and Welfare as being appropriate to treat as not falling under the rescission of the designation prescribed in the main clause of this item, among the rescissions of the appointment as service provider of a Designated In-Home Long-Term Care Support Provider, in consideration of the facts that were the grounds for the disposition of said rescission, the status of efforts by said Designated In-Home Long-Term Care Support Provider toward the establishment of an operational control system to prevent the occurrence of said facts, and other matters on the degree of responsibility that said Designated In-Home Long-Term Care Support Provider had in relation to said facts;

六when the applicant has provided notification of abolishment of business pursuant to the provisions of Article 82, paragraph (2) (except for a person that has a reasonable basis for said abolishment of business) from the date of notification pursuant to the provisions of Article 15 of the Administrative Procedure Act pertaining to a disposition of rescission of the designation pursuant to the provisions of Article 84, paragraph (1) or Article 115-35, paragraph (6) to the date on which said disposition is made or the date on which it is determined not to make a disposition, and five years have not elapsed yet from the date of said notification;

六の二when the applicant is a person who has provided notification of abolishment of business pursuant to the provisions of Article 82, paragraph (2) (except for a person that has a reasonable basis for said abolishment of business) during the period from the date on which an inspection pursuant to the provisions of Article 83, paragraph (1) was conducted to the expected hearing decision date (meaning, in the case where the mayor of the Municipality has notified said applicant of a specific date within ten days from the date on which said inspection was conducted, pursuant to the provisions of Order of the Ministry of Health, Labour and Welfare, as the date on which it is expected to be decided, based on the results of said inspection, whether or not to hold a hearing concerning the disposition of rescission of the designation pursuant to the provisions of Article 84, paragraph (1), said specific date), and five years have not elapsed from the date of said notification;

六の三in a case when notification of abolishment of business pursuant to the provisions of Article 82, paragraph (2) has been provided within the period provided by item (vi), when the applicant is a person who was, within sixty days prior to the date of notification as set forth in the same item, an Officer, etc., of the juridical person pertaining to said notification (except for a juridical person that has a reasonable basis for said abolishment of business) or a manager of the Business Office that is not a juridical person pertaining to said notification (except for one that has a reasonable basis for said abolishment of business), and five years have not elapsed from the date of said notification;

七when the applicant performs a wrongful or significantly unjustifiable act pertaining to In-Home Service, etc., within five years prior to said application of appointment as service provider;

八when the applicant is a juridical person and any Officer, etc., of said juridical person corresponds to any of items (iii)-2 through (v) or items (vi) through the preceding item;

九when the applicant is a Business Office that is not a juridical person and the manager thereof is a person who corresponds to any of items (iii)-2 through (v) or items (vi) through (vii).