Oregon Administrative Rules
Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES
Division 40 - ADULT FOSTER HOMES
Section 309-040-0420 - Denial, Suspension, Revocation, or Refusal to Renew
Universal Citation: OR Admin Rules 309-040-0420
Current through Register Vol. 63, No. 9, September 1, 2024
(1) The Division may deny, suspend, revoke, or refuse to renew a license where it finds any of the following:
(a) There has been substantial failure of
non-compliance with these rules;
(b) There is substantial non-compliance with
local codes and ordinances or any other state or federal law or rule applicable
to the health and safety of individuals in an AFH; or
(c) The applicant or provider has been
convicted of one or more crimes described in the Criminal Record Check:
(A) The applicant or provider has had a
certificate or license to operate a foster home or residential care facility
denied, suspended, revoked, or refused to be renewed in this or any other state
or county within three years preceding the present action if the denial,
suspension, revocation, or refusal to renew was due in any part to abuse of an
adult, creating a threat to the individuals, or failure to possess physical
health, mental health, or good personal character;
(B) If the denial, suspension, revocation, or
refusal to renew occurred more than three years from the present action, the
applicant or provider is required to establish to the Division by clear and
convincing evidence the ability and fitness to operate an AFH. If the applicant
or provider does not meet this burden, then the Division may deny, suspend,
revoke, or refuse to renew the license;
(C) The applicant or provider is associated
with a person whose license for a foster home or residential care facility was
denied, suspended, revoked, or refused to be renewed due to abuse of an adult
or failure to possess physical health, mental health, or good personal
character within three years preceding the present action, unless the applicant
or provider can demonstrate to the Division by clear and convincing evidence
that the person does not pose a threat to the individuals;
(D) For purposes of this subsection, an
applicant or provider is "associated with" a person as described above, if the
applicant or provider:
(i) Resides with the
person;
(ii) Employs the person in
the AFH;
(iii) Receives financial
backing from the person for the benefit of the AFH;
(iv) Receives managerial assistance from the
person for the benefit of the AFH; or
(v) Allows the person to have access to the
AFH.
(E) For purposes of
this section only, "present action" means the date of the notice of denial,
suspension, revocation, or refusal to renew.
(2) The Division may deny, suspend, revoke, or refuse to renew an AFH license if the applicant or provider:
(a) Submits fraudulent or untrue information
to the Division;
(b) Has a history
of or demonstrates financial insolvency, such as filing for bankruptcy,
foreclosure, eviction due to failure to pay rent, or termination of utility
services due to failure to pay bills;
(c) Has a prior denial, suspension,
revocation, or refusal to renew a certificate or license to operate a foster
home or residential care facility in this or any other state or
county;
(d) Has threatened the
health, safety, or welfare of any individual;
(e) Has a substantiated finding of abuse of
an adult;
(f) Has a medical or
psychiatric problem, which interferes with the ability to provide
care;
(g) Refuses to allow access
and inspection;
(h) Fails to comply
with a final order of the Division to correct a violation of the rules for
which an administrative sanction has been imposed; or
(i) Fails to comply with a final order of the
Division imposing an administrative sanction;
(j) Fails to report knowledge of the illegal
actions of or disclose the known criminal history of a provider, resident
manager, substitute caregiver, or volunteer of the AFH.
Statutory/Other Authority: ORS 413.042 & ORS 443.745
Statutes/Other Implemented: ORS 443.705 - 443.825
Disclaimer: These regulations may not be the most recent version. Oregon may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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