Or. Admin. Code § 309-060-0110

Current through Register Vol. 63, No. 10, October 1, 2024

Section 309-060-0110 - Letter of Registration Required

(1) The owner or operator of a CBSH facility offered to the general public must register with the Division if the facility:

(a) Provides congregate housing, services, and supports as defined by ORS 443.480, and

(b) Is not licensed or registered under any other law of this state or city or county ordinance or regulation.

(2) Any provider operating CBSH prior to July 1, 2024, must submit a completed application for registration within 30 days following notification by the Division of requirement to become registered. All persons who wish to begin operation of a CBSH on or after July 1, 2024, must submit a completed application for registration prior to accepting residents. Upon finding the applicant is in substantial compliance with these rules, the Division shall issue a Letter of Registration for the CBSH.

(3) If a provider operates more than one CBSH, each facility must be registered separately with the Division.

(4) No Letter of Registration that has been issued to a provider for the operation of a CBSH for a given location shall be valid for use by any other provider or at any facility other than that for which it was issued.

(5) When a CBSH is to be sold or otherwise transferred to another operator, the new operator must apply for and obtain a new Letter of Registration prior to the transfer or operation of the CBSH.

(6) A Letter of Registration is valid for one year unless revoked, suspended, or voluntarily relinquished at an earlier date.

(7) Any CBSH providing residential care or treatment as defined under ORS 443.400 and OAR 309-060-0105 may be subject to residential licensing under OAR chapter 309, division 35, or OAR chapter 309, division 40.

(8) Upon discovery that a CBSH may be operating in a manner such that they can meet the definition of a residential care facility, residential facility, residential training facility, residential training home, residential treatment facility, or residential treatment home defined under ORS 443.400, the Division may notify the provider in writing of the Division's plan to conduct an inspection to determine if licensure is required.

(9) If the Division believes any CBSH facility is operating without registration or is in violation of ORS 443.480 to 443.500, the Division may apply to the circuit court for a search warrant. If the Division finds that a CBSH is operating without a registration, the Division shall impose a civil penalty not to exceed $5,000.

(10) Any CBSH that fails to comply with these rules must be issued a notice of intent to revoke registration and have hearing rights under ORS chapter 183.

Or. Admin. Code § 309-060-0110

BHS 9-2018, adopt filed 04/16/2018, effective 4/16/2018; BHS 43-2023, amend filed 12/22/2023, effective 1/1/2024

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