Services and Supports for Persons with Disabilities Act (Act No. 123 of 2005)

Chapter IV Business and Facilities

Article 79 (Business Launch, etc.)

(1) Prefectures may provide the following businesses.

(i) Welfare service business for persons with disabilities

(ii) Consultation support business

(iii) Transportation support business

(iv) Business to run community activity support centers

(v) Business to run welfare homes

(2) The persons who are other than the State and prefectures may provide the businesses listed in each item of the preceding paragraph pursuant to the provision of Ordinance of the Ministry of Health, Labour and Welfare by applying the matter prescribed in Ordinance of the Ministry of Health, Labour and Welfare to prefectural governors in advance.

(3) If the person who filed the application pursuant to the provision of preceding paragraph changed the matter prescribed in Ordinance of the Ministry of Health, Labour and Welfare, that person shall notify that effect to prefectural governors within 1 month of the day of such changes.

(4) If the persons who are other than the State and prefectures intend to abolish or suspend the service listed in each item of paragraph 1, they shall notify the matter prescribed in Ordinance of the Ministry of Health, Labour and Welfare to prefectural governors in advance.

Article 80 (The standard for welfare service business for persons with disabilities, community activity support centers and welfare homes)

(1) The Minister of Health, Labour and Welfare shall specify the standard for equipment and operation of welfare service for persons with disabilities (limited to the service needing facilities; the same shall apply in this Article and paragraph 2 of Article 82), community activity support centers and welfare homes.

(2) The persons who conduct the welfare service business for persons with disabilities set forth in the preceding paragraph and establishers of community activity support centers and welfare homes shall comply with the standard of the same paragraph.

Article 81 (Report Collection, etc.)

(1) In the event that a prefectural governor acknowledges that it is necessary for the welfare of persons with disabilities, he/she orders the persons who conduct welfare service business for persons with disabilities, consultation service or transportation support service, or establishers of community activity support centers and welfare homes to submit or to present report, or documents, books or other materials; or may cause such staff persons to ask questions to those who concerned or to enter the places of business or the facilities so as to inspect the facilities, documents, books, or other materials.

(2) The provision of paragraph 2 of Article 9 applies mutatis mutandis to the questions or inspection pursuant to the provision of the preceding paragraph; the provision of paragraph 3 of the same Article applies mutatis mutandis to the authorities pursuant to the provision of the preceding paragraph.

Article 82 (Business Suspension, etc.)

(1) In the event that the persons who conduct welfare service businesses for persons with disabilities, consultation support businesses or transportation support businesses violated the provision of this chapter or orders based upon such provisions or actions conducted based thereon; try to profit unjustly concerning their businesses; do unjust acts for treatment of persons pertaining to their businesses; or violate Article 18-2 of Act for the welfare of Persons with Physical Disabilities, Article 21 of Act for the welfare of persons with intellectual disabilities or Article 21-7 of Child Welfare Act, prefectural governors may order restrain or suspension of the businesses on the persons who conduct the businesses.

(2) In the event that the persons who conduct welfare service businesses for persons with disabilities or establishers of community activity support centers or welfare homes violate the provision of this chapter or orders based upon such provisions or actions conducted based thereon; or such welfare service businesses for persons with disabilities, community activity support centers or welfare homes has fallen not to satisfied the standard of paragraph 1 of Article 80; or violate Article 18-2 of Act for the welfare of Persons with Physical Disabilities, Article 21 of Act for the welfare of persons with intellectual disabilities or Article 21-7 of Child Welfare Act, prefectural governors may order improvement of operation or equipment of the facilities or abolition, or suspension of the businesses on the persons who conduct the businesses or the establishers.

Article 83 (Facility Establishment, etc.)

(1) The State shall establish support facilities for persons with disabilities.

(2) Prefectures may establish support facilities for persons with disabilities.

(3) Municipalities may establish support facilities persons with disabilities by notifying the matters prescribed in Ordinance of the Ministry of Health, Labour and Welfare to prefectural governors in advance.

(4) The persons who are other than the State, prefectures or municipalities may establish support facilities for persons with disabilities pursuant to Social Welfare Act (Act No. 45 of 1951).

(5) In addition to what prescribed in each of preceding paragraphs, necessary matters for establishment, abolishment or suspension of support facilities for persons with disabilities shall be provided in the Cabinet Order.

Article 84 (Standard for Facility)

(1) The Minister of Health, Labour and Welfare shall establish standards for equipment and operation of support facilities for persons with disabilities.

(2) Concerning the support facilities established by the persons who are other than the State, prefectures, or municipalities, the standard set forth in the preceding paragraph shall be deemed as the minimum standard set forth in paragraph 1 of Article 15 of Social Welfare Act and the provisions of paragraph 4 of Article 62 of paragraph 2 of Article 65 and Article 71 apply thereto.

Article 85 (Report Collection, etc.)

(1) In the event that a prefectural governor acknowledges that it is necessary to have operation of support facilities for persons with disabilities established by municipalities be appropriate, they may order directors of such facilities to report the matters acknowledged to be necessary or submit or present documents, books or other materials; may cause such staff persons to ask questions to those who concerned or to enter places of such facilities so as to inspect the facilities or books, documents, and other materials.

(2) The provision of paragraph 2 of Article 9 applies mutatis mutandis to the questions or inspection pursuant to the provision of the preceding paragraph; the provision of paragraph 3 of the same Article applies mutatis mutandis to the authorities pursuant to the provision of the preceding paragraph.

Article 86 (Business Suspension, etc.)

(1) In the event that a prefectural governor acknowledges that the support facilities for persons with disabilities established by municipalities have come not to satisfy the standard of paragraph 1 of Article 84 or violate the provisions of the Cabinet Orders, he/she may order suspension or abolition of the businesses.

(2) In the event that a prefectural governor takes dispositions pursuant to the provision set forth in the preceding paragraph, he/she shall present the reasons for the dispositions in written documents.