Or. Admin. Code § 411-360-0250

Current through Register Vol. 63, No. 11, November 1, 2024

Section 411-360-0250 - License Conditions

(1) The Department may attach conditions to a license that limit, restrict, or specify other criteria for operation of an AFH-DD. The type of condition attached to an AFH-DD license must directly relate to the risk of harm or potential risk of harm to individuals.

(2) The Department may attach a condition to a license upon any of the following findings:

(a) Information on the application or initial inspection requires a condition to protect the health, safety, or welfare of individuals.

(b) A threat to the health, safety, or welfare of an individual exists.

(c) There is evidence of abuse, neglect, or exploitation.

(d) The AFH-DD is not being operated in compliance with these rules or the rules in OAR chapter 411, division 004.

(e) A licensee is licensed to provide services for a specific individual only and further placements may not be made into the AFH-DD.

(3) Conditions the Department may impose on a license include, but are not limited to, the following:

(a) Restricting the total number of individuals in the AFH-DD based upon the capability and capacity of the licensee and caregivers to meet the health and safety needs of the individuals.

(b) Restricting the total number and impairment level of individuals in the AFH-DD based upon the capability and capacity of the licensee and caregivers to meet the health and safety needs of the individuals.

(c) Requiring additional caregivers to meet the needs of the individuals.

(d) Requiring additional qualifications or training of the licensee and caregivers.

(e) Restricting a licensee from allowing a person on the premises who may be a threat to the health, safety, or welfare of an individual.

(f) Requiring additional documentation.

(g) Restricting a licensee from opening an additional AFH-DD.

(h) Restricting entry.

(4) The Department shall impose a condition prohibiting new entry or transfer into an AFH-DD when there is a death of an individual served by the licensee that results in a protective services investigation and the licensee was responsible for delivering supports to the individual during the time associated with the individual's death.

(a) A new entry or transfer may be accepted while the condition is in place, if the entry or transfer approval is granted by the Department and the case management entity.

(b) The condition may be terminated:

(A) Following the protective services investigation determination that abuse or neglect was not a factor in the individual's death; or

(B) At the discretion of the Department upon satisfactory demonstration by the licensee that:

(i) There are adequate protections in place to prevent or minimize risk of harm to other individuals receiving the same or similar type of services; and

(ii) Entry of additional individuals into the AFH-DD does not negatively impact the licensee's ability to safely serve individuals.

(5) The Department issues a written notice to the licensee when the Department imposes conditions to a license. The written notice of conditions includes the conditions imposed by the Department, the reason for the conditions, and the opportunity to request a hearing under ORS chapter 183.

(a) Conditions take effect immediately upon issuance of the written notice of conditions or at a later date as indicated on the notice and are a Final Order of the Department unless later rescinded through the hearing process.

(b) The conditions imposed remain in effect until the Department has sufficient cause to believe the situation which warranted the condition has been remedied.

(6) The licensee may request a hearing in accordance with ORS chapter 183 and this rule upon written notice of the imposition of conditions. The request for a hearing must be in writing.

(a) The licensee must request a hearing within 21 days from the receipt of the written notice of conditions.

(b) In addition to, or in lieu of a hearing, a licensee may request an administrative review as described in section (7) of this rule. The request for an administrative review must be in writing. The administrative review does not diminish the right of the licensee to a hearing.

(c) The Department shall be allowed reasonable requests for setting or postponement of any hearing to allow for the conclusion of a protective services investigation when a condition is imposed related to the protective services investigation.

(7) ADMINISTRATIVE REVIEW.

(a) In addition to the right to a hearing, a licensee may request an administrative review by the Director of the Department for imposition of conditions. The request for an administrative review must be in writing.

(b) The Department must receive a written request for an administrative review within 10 business days from the date of the notice of conditions. The licensee may submit, along with the written request for an administrative review, any additional written materials the licensee wishes to have considered during the administrative review.

(c) The determination of the administrative review is issued in writing within 10 business days from the date of the written request for an administrative review, or by a later date as agreed to by the licensee.

(d) The licensee may request a hearing if the decision of the Department is to affirm the condition. The request for a hearing must be in writing. The Department must receive the written request for a hearing within 21 calendar days from the date of the original written notice of conditions.

(8) A licensee may send a written request to the Department to remove a condition if the licensee believes the situation that warranted the condition has been remedied.

(9) Conditions must be posted with the AFH-DD license in a prominent location in the AFH-DD and be available for inspection at all times.

Or. Admin. Code § 411-360-0250

SPD 3-2005, f. 1-10-05, cert. ef. 2-1-05; SPD 13-2010, f. 6-30-10, cert. ef. 7-1-10; SPD 5-2012, f. & cert. ef. 5-29-12; SPD 34-2013, f. & cert. ef. 9-27-13; APD 29-2014(Temp), f. & cert. ef. 7-1-14 thru 12-28-14; APD 47-2014, f. 12-26-14, cert. ef. 12/28/2014; APD 39-2019, amend filed 10/29/2019, effective 11/1/2019

Statutory/Other Authority: ORS 409.050, 427.104, 443.001, 443.004, 443.725, 443.730, 443.735, 443.738, 443.742, 443.760, 443.765, 443.767, 443.775 & 443.790

Statutes/Other Implemented: ORS 427.104, 443.001-443.004, 443.705-443.825, 443.875 & 443.991