OAR 309-060-0135
Denial of Applications

(1) Upon receipt of a completed application, the Division may deny the application if:

(a) The applicant or facility manager, if applicable, has been convicted of one or more crimes described in OAR 125-007-0260 (Final Fitness Determination);

(b) The applicant is associated with any persons whose registration or license for a CBSH, a foster home, residential care facility, residential treatment facility, or residential treatment home licensed by any state entity was denied, suspended, revoked, or not renewed due to abuse of a resident or a threat to the health and safety of a resident within three years preceding the application, 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 residents;

(d) The applicant has previously had any letter of registration, certification, or license denied, suspended, or revoked by the Division or the Department.

(2) An applicant is “associated with” a person as described in subsection (1)(b) of this rule if the applicant:

(a) Resides with the person;

(b) Employs the person in the CBSH;

(d) Receives managerial assistance from the person for the benefit of the facility; or

(e) Knowingly allows the person to have access to the facility.

(3) When an application for a Letter of Registration is denied, the applicant is entitled to an appeal review with the Division as follows:

(a) The applicant shall submit a written request for the appeal review to the Division within seven calendar days of the receipt of the notice of denial;

(b) The Division shall conduct an appeal review meeting within 30 days of receipt of the written request;

(c) If no written request for a hearing is received within seven calendar days of receipt of the notice of denial or the Division upholds the denial, the notice of denial shall become final, the application closed, and a notice of the appeal review outcome mailed to the applicant.

(4) If the Division overturns the denial, the Division shall issue a notice to the applicant within seven calendar days. The notice shall inform the applicant of the outcome of their appeal hearing and either:

(a) Include an approved Letter of Registration per these rules; or

(b) Provide a notation of required amendment to application materials and a timeframe for re-submission of the application.

Source: Rule 309-060-0135 — Denial of Applications, https://secure.sos.state.or.us/oard/view.action?ruleNumber=309-060-0135.

309–060–0100
Purpose and Scope 309–060–0105
Definitions 309–060–0110
Letter of Registration Required 309–060–0115
Waiver of Registration Requirement 309–060–0120
Terms of Registration 309–060–0125
Application for Initial Registration and Renewal Registration 309–060–0130
Issuance of a Letter of Registration 309–060–0135
Denial of Applications 309–060–0140
Denial, Suspension, Revocation, or Refusal to Renew Registration 309–060–0145
Rental Agreement 309–060–0150
Program Staff Requirements 309–060–0155
Facility Standards 309–060–0160
Food Services 309–060–0165
Administration of Medication 309–060–0170
Criminal and Civil Penalties

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OAR 309-060-0135 Denial of Applications

OAR 309-060-0135
Denial of Applications