Or. Admin. Code § 309-060-0115

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

Section 309-060-0115 - Waiver of Registration Requirement

(1) Any CBSH that is required to be registered or licensed under another governmental entity's standards that are substantially similar or superior to those under ORS 443.480 to 443.500 and these rules may request a waiver of the requirements of ORS 443.485. Such a request shall be made in writing to the Division and shall include:

(a) A copy of the other governmental entity's standards; and

(b) An explanation of why they believe that the standards are substantially similar or superior to the requirements of ORS 443.480 to 443.500 and these rules.

(2) If the Division finds that the requirements of the other governmental entity's standards are substantially similar or superior to ORS 443.480 to 443.500 and these rules, it can issue a waiver:

(a) All waivers shall be in writing and signed by the Division; and

(b) All approved waivers can be reviewed by the Division upon amendment of the local ordinance or regulation or upon amendment of ORS 443.480 to 443.500 or these rules.

(3) If the Division finds that the local requirements are not substantially similar or superior to ORS 443.480 to 443.500 and these rules, the Division may issue a written order to the CBSH denying the request for a waiver.

(4) When a CBSH falls within the jurisdiction of both the Division and the Department of Human Services (Department), the Department Director and the Oregon Health Authority Director shall determine the agency responsible for registering the facility.

(5) A Division approved waiver must be reviewed at least once every five years.

(6) The Division must waive any reporting requirements or review processes for facilities regulated by federal agencies where The Division's requirements duplicate the reporting requirements or review processes imposed by the federal agency.

Or. Admin. Code § 309-060-0115

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