Or. Admin. Code § 309-060-0130

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

Section 309-060-0130 - Issuance of a Letter of Registration

(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.

Or. Admin. Code § 309-060-0130

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