OAR 309-040-0430
Conditions

(1) Conditions may be attached to a license upon a finding that:
(a) Information on the application or initial inspection requires a condition to protect the health and safety of individuals;
(b) There exists a threat to the health, safety, and welfare of an individual;
(c) There is reliable evidence of abuse or neglect of an individual;
(d) The AFH is substantially non-compliant with these rules; or
(e) The provider is licensed to care for a specific individual only and further placements may not be made to the AFH.
(2) The provider shall be notified in writing of any conditions imposed, the reason for the conditions, and be given an opportunity to request a contested case hearing under ORS chapter 183.
(3) Conditions may be attached to a license upon a finding that:
(a) Information on the application or initial inspection requires a condition to protect the health and safety of individuals, pending further action by the Division;
(b) There exists a threat to the health, safety, and welfare of an individual, pending further action by the Division or Division designee;
(c) There is reliable evidence of abuse or neglect of an adult, pending further action by the Division;
(d) The AFH is substantially non-compliant with these rules, pending further action by the Division.
(4) Conditions that may be imposed on a licensee include but are not limited to the following:
(a) Restricting the maximum capacity of the AFH;
(b) Restricting the number and impairment level of individuals allowed based upon the capacity of the caregivers to meet the health and safety needs of all residents;
(c) Requiring an additional caregiver or caregiver qualifications;
(d) Requiring additional training of caregivers;
(e) Requiring additional documentation as deemed necessary by the Division;
(f) Restricting a provider from opening an additional AFH; or
(g) Suspending admissions to the AFH.
(5) The provider shall be notified in writing of any conditions imposed, the reason for the conditions, and be given an opportunity to request a contested case hearing under ORS chapter 183.
(6) In addition to or in lieu of a contested case hearing, a provider may request in writing a review by the Division administrator or designee of conditions imposed by the Division or CMHP. The review does not diminish the provider’s right to a hearing or extend the time period to request a hearing.
(7) Conditions may be imposed for the extent of the license period (one year), extended to the next license period, or limited to some other shorter period of time as deemed necessary by the Division. If the conditions correspond to the licensing period, the reasons for the conditions may be considered at the time of renewal to determine if the conditions are still appropriate. The effective date and expiration date of the conditions shall be indicated on the attachment to the license.
(8) Conditions attached to a license shall be effective upon order of the director of the licensing agency.
(9) Hearing rights are in accordance with ORS 183.411 (Delegation of final order authority) to 183.550.

Source: Rule 309-040-0430 — Conditions, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=309-040-0430.

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 309-040-0430’s source at or​.us