Current through Register Vol. 63, No. 9, September 1, 2024
(1) Upon receipt of a completed application
the Division must:
(a) Review the application
to determine compliance with these rules.
(b) Request any additional information or
documentation that may be necessary to determine compliance with these
rules.
(c) Conduct a review of the
physical setting to determine compliance with OAR
309-060-0155.
(2) Upon completion of the reviews
described above, the Division must issue a Letter of Registration to an
applicant that is found to be in compliance with the requirements of these
rules.
(3) The Letter of
Registration must include:
(a) The name and
address of the provider of the CBSH;
(b) The name and address of the
CBSH;
(c) The maximum number of
residents who can reside at the CBSH;
(d) The effective date and expiration date of
the registration; and
(e) Any
variances granted by the Division.
(4) If a CBSH is not registered with the
Division, the provider may not advertise, represent, or imply that the CBSH is
registered with the Division.
(5)
The Division, in its discretion, may grant a variance to these rules based upon
a demonstration by the applicant or provider that an alternative method or
different approach provides equal or greater program effectiveness and does not
adversely impact the welfare, health, or safety of individuals:
(a) The provider seeking a variance must
submit in writing an application to the Division that identifies the section of
the rules from which the variance is sought, the reason for the proposed
variance, and the proposed alternative method or different approach.
(b) The director or designee must review and
approve or deny the request for a variance;
(c) The Division must notify the provider of
the decision in writing within 30 days after receipt of the request. A variance
may be implemented only after receipt of written approval from the
Division;
(d) The provider may
appeal the denial of a variance request by submitting a request for
reconsideration in writing to the Division's Director or designee. The Director
or designee must make a decision within 30 days of receipt of the appeal. The
decision of the Director shall be final; and
(e) A variance must be reviewed by the
Division at least every year and may be revoked or suspended based upon a
finding that the variance adversely impacts the welfare, health, or safety of
the individuals.
Statutory/Other Authority: ORS
413.032, ORS
413.042, ORS
413.085 & ORS
443.485
Statutes/Other Implemented: ORS
443.480 -
443.500 & ORS
443.991
