(a) The department shall act on a complete application for a license within sixty days of receipt. The department may issue a provisional license for a proposed facility that has not yet been constructed, but operations shall not begin under a provisional license until the fully constructed facility has been inspected and approved by the department.
(b) The department may not issue a license until the commissioner has determined that the facility meets all of the following criteria:
(1) The facility has been inspected by the department and it meets the requirements of this article and the rules promulgated thereunder;