Or. Admin. Code § 415-054-0535

Current through Register Vol. 63, No. 12, December 1, 2024

Section 415-054-0535 - Variance

(1) An applicant or ADSS may request a variance to these rules, applicable service delivery rules, or other applicable regulations.

(2) The applicant or ADSS must submit the variance request directly to the Division along with relevant application documents submitted to the Division. The variance request must include:

(a) A description and applicable details of the variance requested, including the applicable section of the rule for which the variance is sought;

(b) The rationale and necessity for the requested variance;

(c) The alternative practice proposed, where relevant; and

(d) The proposed duration of the variance, including a plan and timetable for compliance with the rule exempted or adjusted by the variance.

(3) The Chief Officer, whose decision is final, shall approve or deny the variance request and include an expiration date for the variance not to exceed the length of the ADSS' current certificate.

(4) A variance granted by the Division becomes part of the certificate. Continuance of the variance may not be automatic and shall be re-considered at the expiration of the variance or when the certification is being considered for renewal, whichever comes first.

(5) Requesting renewal of a variance in advance of current variance expiration is the responsibility of each ADSS.

(6) Failure by the ADSS to implement approved alternative practices or otherwise demonstrate noncompliance with an approved variance may result in the Division withdrawing approval for a variance.

(7) Failure by the ADSS to implement approved alternative practices or otherwise demonstrate noncompliance with an approved variance such that the health or safety of individuals is jeopardized to the degree that cessation of services by the ADSS is considered necessary to prevent harm to the individual may result in the Division taking action on the certificate pursuant to OAR 415-054-0475.

Or. Admin. Code § 415-054-0535

ADS 4-2017, adopt filed 12/18/2017, effective 1/1/2018

Statutory/Other Authority: 413.042 & 430.256

Statutes/Other Implemented: 430.256