OAR 407-007-0370
Variances

(1)

The Department and Authority may consider variance requests regarding these rules.

(a)

The outcomes of a fitness determination made pursuant to these rules is not subject to variance. Challenges to fitness determinations may only be made by SIs through contested case hearing rights set forth in these rules.

(b)

Neither the Department nor the Authority may grant variances to ORS 181A.195 (Criminal records check) and 181A.200 (Authority of Department of Human Services, Oregon Health Authority and Employment Department to require fingerprints).

(2)

The Department or Authority may grant a variance to any section of these rules based upon a demonstration by the QE that the variance would not pose a significant risk to physical, emotional, or financial well-being of vulnerable individuals.

(3)

The QE requesting a variance must submit, in writing, an application to the BCU that contains:

(a)

The section of the rule from which the variance is sought;

(b)

The reason for the proposed variance;

(c)

The alternative practice, service, method, concept, or procedure proposed;

(d)

A plan and timetable for compliance with the section of the rule from which the variance is sought; and

(e)

An explanation on how the welfare, health, or safety of individuals receiving care will be ensured during the time the variance is in effect.

(4)

The Assistant Director or designee for the Department and Authority’s Shared Services, Office of Human Resources shall approve or deny the request for a variance.

(5)

BCU shall notify the QE of the decision within 60 calendar days of the receipt of the request and shall provide a copy to other relevant Department or Authority program offices.

(6)

Appeal of the denial of a variance request must be made in writing to the Department or Authority’s Director, whose decision is final.

(7)

The Department or Authority shall determine the duration of the variance.

(8)

The QE may implement a variance only after receipt of written approval from BCU.

(9)

Granting a variance does not set a precedent that must be followed by the Department or Authority when evaluating subsequent variance requests.

Source: Rule 407-007-0370 — Variances, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=407-007-0370.

407‑007‑0000
Purpose and Scope 407‑007‑0010
Definitions 407‑007‑0020
Criminal History Check Required 407‑007‑0030
Criminal Records Check Process 407‑007‑0041
Potentially Disqualifying Convictions 407‑007‑0050
Potentially Disqualifying Conditions 407‑007‑0060
Weighing Test 407‑007‑0065
Hired on a Preliminary Basis 407‑007‑0070
Final Fitness Determinations 407‑007‑0080
Contesting a Final Fitness Determination 407‑007‑0090
Record Keeping, Confidentiality 407‑007‑0100
Variances 407‑007‑0200
Purpose and Scope 407‑007‑0210
Definitions 407‑007‑0220
Background Check Required 407‑007‑0230
Qualified Entity 407‑007‑0240
QE Designees and QE Initiators 407‑007‑0250
Background Check Process 407‑007‑0275
Convictions Under ORS 443.004 Resulting in Ineligibility for Aging and People with Disabilities Program and Developmental Disabilities Program SIs 407‑007‑0277
Convictions Under ORS 443.004 Resulting in Ineligibility for Mental Health or Alcohol and Drug Program SIs 407‑007‑0279
Federal Mandatory Exclusions 407‑007‑0281
Potentially Disqualifying Convictions 407‑007‑0290
Potentially Disqualifying Conditions 407‑007‑0300
Weighing Test 407‑007‑0315
Hired on a Preliminary Basis 407‑007‑0318
Approval for “Family First” Subject Individuals 407‑007‑0320
Final Fitness Determinations 407‑007‑0330
Contesting a Fitness Determination 407‑007‑0340
Record Keeping, Confidentiality 407‑007‑0350
Immunity from Liability 407‑007‑0370
Variances 407‑007‑0400
Purpose 407‑007‑0410
Definitions 407‑007‑0420
Reporting Abuse Allegations Required 407‑007‑0430
Applicants to the Department 407‑007‑0440
Current Employees of the Department 407‑007‑0445
Employees Who Apply or Are Hired at SACU after 1/1/2018 407‑007‑0450
Current Volunteers of the Department 407‑007‑0455
Current Contract SIs of the Department 407‑007‑0460
Confidentiality 407‑007‑0600
Purpose 407‑007‑0610
Definitions 407‑007‑0620
Background Check Registry 407‑007‑0630
Reporting Requirements for Qualified Entities 407‑007‑0640
Access and Release of Information
Last Updated

Jun. 8, 2021

Rule 407-007-0370’s source at or​.us