OAR 309-040-0420
Denial, Suspension, Revocation, or Refusal to Renew

(1) The Division may deny, suspend, revoke, or refuse to renew a license where it finds any of the following:
(a) There has been substantial failure of non-compliance with these rules;
(b) There is substantial non-compliance with local codes and ordinances or any other state or federal law or rule applicable to the health and safety of individuals in an AFH; or
(c) The applicant or provider has been convicted of one or more crimes described in the Criminal Record Check:
(A) The applicant or provider has had a certificate or license to operate a foster home or residential care facility denied, suspended, revoked, or refused to be renewed in this or any other state or county within three years preceding the present action if the denial, suspension, revocation, or refusal to renew was due in any part to abuse of an adult, creating a threat to the individuals, or failure to possess physical health, mental health, or good personal character;
(B) If the denial, suspension, revocation, or refusal to renew occurred more than three years from the present action, the applicant or provider is required to establish to the Division by clear and convincing evidence the ability and fitness to operate an AFH. If the applicant or provider does not meet this burden, then the Division may deny, suspend, revoke, or refuse to renew the license;
(C) The applicant or provider is associated with a person whose license for a foster home or residential care facility was denied, suspended, revoked, or refused to be renewed due to abuse of an adult or failure to possess physical health, mental health, or good personal character within three years preceding the present action, unless the applicant or provider can demonstrate to the Division by clear and convincing evidence that the person does not pose a threat to the individuals;
(D) For purposes of this subsection, an applicant or provider is “associated with” a person as described above, if the applicant or provider:
(i) Resides with the person;
(ii) Employs the person in the AFH;
(iii) Receives financial backing from the person for the benefit of the AFH;
(iv) Receives managerial assistance from the person for the benefit of the AFH; or
(v) Allows the person to have access to the AFH.
(E) For purposes of this section only, “present action” means the date of the notice of denial, suspension, revocation, or refusal to renew.
(2) The Division may deny, suspend, revoke, or refuse to renew an AFH license if the applicant or provider:
(a) Submits fraudulent or untrue information to the Division;
(b) Has a history of or demonstrates financial insolvency, such as filing for bankruptcy, foreclosure, eviction due to failure to pay rent, or termination of utility services due to failure to pay bills;
(c) Has a prior denial, suspension, revocation, or refusal to renew a certificate or license to operate a foster home or residential care facility in this or any other state or county;
(d) Has threatened the health, safety, or welfare of any individual;
(e) Has a substantiated finding of abuse of an adult;
(f) Has a medical or psychiatric problem, which interferes with the ability to provide care;
(g) Refuses to allow access and inspection;
(h) Fails to comply with a final order of the Division to correct a violation of the rules for which an administrative sanction has been imposed; or
(i) Fails to comply with a final order of the Division imposing an administrative sanction;
(j) Fails to report knowledge of the illegal actions of or disclose the known criminal history of a provider, resident manager, substitute caregiver, or volunteer of the AFH.

Source: Rule 309-040-0420 — Denial, Suspension, Revocation, or Refusal to Renew, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=309-040-0420.

309‑040‑0300
Purpose and Scope 309‑040‑0305
Definitions 309‑040‑0307
Required Home-like Qualities 309‑040‑0310
License Required 309‑040‑0315
License Application and Fees 309‑040‑0320
Classification of AFHs 309‑040‑0325
Capacity 309‑040‑0330
Zoning for Adult Foster Homes 309‑040‑0335
Training Requirements for Providers, Resident Managers, and Substitute Caregivers 309‑040‑0340
Issuance of a License 309‑040‑0345
Renewal 309‑040‑0350
Variance 309‑040‑0355
Contracts 309‑040‑0360
Qualifications for AFH Providers, Resident Managers, and Other Caregivers 309‑040‑0365
Facility Standards 309‑040‑0370
Safety 309‑040‑0375
Sanitation 309‑040‑0380
Individual Furnishings 309‑040‑0385
Food Services 309‑040‑0390
Standards and Practices for Care and Services 309‑040‑0393
Individually-Based Limitations 309‑040‑0394
Residency Agreement 309‑040‑0395
Standards for Admission, Transfers, Respite, Discharges, and Closures 309‑040‑0400
Inspections 309‑040‑0405
Procedures for Correction of Violations 309‑040‑0410
Residents’ Bill of Rights, Complaints, and Grievances 309‑040‑0415
Administrative Sanctions 309‑040‑0420
Denial, Suspension, Revocation, or Refusal to Renew 309‑040‑0425
Removal of Residents 309‑040‑0430
Conditions 309‑040‑0435
Criminal Penalties 309‑040‑0440
Civil Penalties 309‑040‑0445
Public Information 309‑040‑0450
Adjustment, Suspension or Termination of Payment 309‑040‑0455
Enjoinment of AFH Operation
Last Updated

Jun. 8, 2021

Rule 309-040-0420’s source at or​.us