Or. Admin. Code § 415-012-0060

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

Section 415-012-0060 - Denial, Revocation, or Nonrenewal

The Division shall deny an application, a request for renewal, or revoke a license when it finds any of the following:

(1) There is a threat to the health, welfare, or safety of an individual or the public;

(2) There is substantiated evidence of abuse, neglect, or mistreatment by the applicant, provider, or provider staff;

(3) The applicant or provider has substantially failed to comply with applicable administrative rules or with local codes and ordinances or any other state or federal law or regulation;

(4) The applicant or provider has had a prior license to operate a substance use disorder or problem gambling treatment program denied, revoked, or refused to be renewed in Oregon within three years preceding the present application for reason of abuse or neglect of individuals:

(a) If a prior denial, revocation, or nonrenewal occurred more than three years from the present action, the applicant or provider shall establish to the Division by clear and convincing evidence of the applicant's, provider's, or administrator's ability and fitness to operate a treatment program;

(b) If the applicant or provider does not provide such evidence, the Division shall deny the application.

(5) The applicant or provider submits fraudulent or untrue information to the Division;

(6) The applicant or provider has a history of or currently demonstrates financial insolvency such as filing for bankruptcy, foreclosures, eviction due to failure to a pay rent, termination of utility services due to failure to pay bills, failure to pay taxes such as employment or social security in a timely manner;

(7) The applicant or provider refuses to allow immediate access and onsite inspection by the Division;

(8) The applicant or provider fails to maintain a number of qualified staff sufficient to meet the treatment and safety needs of individuals or fails to comply with staff qualification requirements;

(9) The applicant or provider fails to comply with one or more restrictions or conditions on the license; or

(10) The applicant or provider fails to submit or implement a plan of correction sufficient to comply with these and other applicable rules or regulations.

Or. Admin. Code § 415-012-0060

ADAP 2-1993, f. & cert. ef. 11-5-93; ADAP 1-1997, f. & cert. ef. 12-18-97; ADS 2-2008, f. & cert. ef. 11-13-08; ADS 4-2013, f. & cert. ef. 5-3-13; ADS 8-2016, f. & cert. ef. 12/14/2016; ADS 2-2017, f. 6-29-17, cert. ef. 7/1/2017; ADS 3-2017, temporary amend filed 12/01/2017, effective 12/01/2017 through 05/29/2018; ADS 4-2018, amend filed 05/10/2018, effective 5/10/2018

Statutory/Other Authority: ORS 413.042 & ORS 430.256

Statutes/Other Implemented: ORS 430.397, ORS 430.010-430.030, ORS 430.306, ORs 430.405, ORS 430.450, ORs 430.630, ORS 430.850 & ORS 443.400