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.
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