OAR 309-040-0345
Renewal
(1)
The provider shall submit a completed renewal application and the required fee at least 165 days prior to the expiration date of the license. If the renewal application is not received by the Division within the time period described, the provider shall request the application from the Division or the County Mental Health partner. If the completed renewal application and fee are not submitted prior to the expiration date, the AFH shall be treated as an unlicensed home subject to civil penalties.(2)
The renewal application must include the same information and fee as required for a new application, except that a physician’s statement and financial information form are not required if the Division can reasonably assume this information has not changed.(3)
The Division may require the applicant to submit a current, within six months, physician’s statement and a current, within six months, criminal history check if investigation by the Division for license renewal indicates that it is necessary.(4)
The Division shall investigate any information in the renewal application and shall conduct an inspection of the AFH.(5)
The provider shall be given a formal written report from the inspection citing any deficiencies and a time frame for correction that does not exceed 30 days from the date of the inspection report unless otherwise noted in the inspection report.(6)
The AFH provider shall correct cited deficiencies prior to issuing a renewed license. If cited deficiencies are not corrected within the time frame specified by the Division, the renewal application shall be denied and administrative sanctions may be imposed.(7)
The Division may not renew a license unless:(a)
The applicant and the AFH are in compliance with ORS 443.705 (Definitions for ORS 443.705 to 443.825) to 443.825 (Disposition of penalties recovered) and these rules;(b)
The Division has completed an inspection of the AFH;(c)
The Division has completed a criminal records check, as required by ORS 181.536 through 181.537, 443.735 (Issuance of license) and OAR chapter 943, division 007, on the applicant and any occupant, other than an individual, 16 years of age or older or is identified in ORS 443.735 (Issuance of license)(5)(a)(b), (6)(a)(b)(c) and who will shall be residing in or employed by or otherwise acting as a provider, resident manager, substitute caregiver, or volunteer for the AFH provider.(8)
The provider, resident manager, substitute caregiver, or volunteer or individual residing in the AFH may continue to work or reside in the home pending the national criminal records check provided that the Oregon criminal record check was clear and no convictions were self-disclosed in accordance with OAR chapter 943, division 007.(9)
A criminal records check shall be completed for the applicant and any occupant, other than an individual, 16 years of age or older who shall be residing in or employed by or otherwise acting as a provider, resident manager, substitute caregiver, or volunteer for the AFH provider if the Division believes there is reason to justify a new criminal history check in accordance with OAR chapter 943, division 007.(10)
An AFH provider seeking initial licensing or that has been in operation for less than 24 months has the burden of proof to establish compliance with ORS 443.705 (Definitions for ORS 443.705 to 443.825) to 443.825 (Disposition of penalties recovered) and the Division rules.(11)
The burden of proof shall be upon the Division to establish compliance with ORS 443.705 (Definitions for ORS 443.705 to 443.825) to 443.825 (Disposition of penalties recovered) and the Division rules if an AFH provider is seeking renewal of a license and has been in continuous operation for more than 24 months.
Source:
Rule 309-040-0345 — Renewal, https://secure.sos.state.or.us/oard/view.action?ruleNumber=309-040-0345.