Oregon Administrative Rules
Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES
Division 49 - ADULT FOSTER HOMES FOR OLDER ADULTS OR ADULTS WITH PHYSICAL DISABILITIES - PURPOSE, DEFINITIONS, AND LICENSURE
Section 411-049-0160 - Variances
Current through Register Vol. 63, No. 3, March 1, 2024
(1) An applicant, licensee, or administrator may request a variance to the provisions of these rules. The variance request must be in writing and must include clear and convincing evidence that:
(2) VARIANCES NOT ALLOWED. Except for section (1) of this rule, no variance shall be granted by the LLA from a regulation or provision of the rules pertaining to:
(3) The LLA shall not grant a variance request to any rule that is inconsistent with Oregon Revised Statutes or 42 CFR 441.301(c)(2) (xiii) and 42 CFR 441.530(a)(1)(vi) (See OAR 411-049-0160(4)).
(4) The LLA shall not grant a variance request related to fire and life safety without prior consultation with the Department.
(5) In deciding to grant a variance, the LLA must consider the licensee's history of compliance with rules governing AFHs or other long-term care facilities for adults who are older or adults with physical disabilities in Oregon and any other jurisdiction, if appropriate. The LLA must determine that the variance is consistent with the intent and purpose of these rules before granting the variance. The LLA must respond, in writing, within 30 days of receiving a request for a variance. The written response must include the frequency of renewal.
(6) A variance is not effective until granted in writing by the LLA. Variances are reviewed pursuant to these rules. If applicable, the licensee must re-apply for a variance at the time of license renewal, or more often if determined necessary by the LLA.
(7) In seeking a variance, the burden of proof that the requirements of these rules have been met is upon the applicant or licensee.
(8) If a variance to any provision of these rules is denied, the applicant or licensee may request a meeting with the LLA.
Statutory/Other Authority: ORS 409.050, 410.070, 413.085, 443.001, 443.004, 443.725, 443.730, 443.735, 443.738, 443.742, 443.760, 443.767, 443.775 & 443.790
Statutes/Other Implemented: ORS 409.050, 410.070, 413.085, 443.001 - 443.004, 443.705 - 443.825, 443.875 & 443.991