Standards for Operators of Room and Board Facilities
(1)The Division may deny registration to an applicant if any of the following conditions apply:
(a)The applicant or resident manager, if applicable, has been convicted of one or more crimes described in OAR 407-007-0280; or
(b)The applicant has had a certificate to operate a room and board facility, or a license to operate a foster home or residential care facility denied, suspended, revoked or refused to be renewed in this or any other state/county if the denial, suspension, revocation or refusal to renew was due to abuse of the residents or a threat to the health and safety of the residents. The applicant or operator is required to establish to the Division by clear and convincing evidence his/her ability and fitness to operate a room and board facility. If the applicant or operator does not meet this burden, then the Division shall deny, suspend, revoke or refuse to renew the license;
(c)Intentionally left blank —Ed.
(A)The applicant or operator is associated with a person whose registration or license for a room and board facility, a foster home or residential care facility was denied, suspended, revoked or not renewed due to abuse of the residents or a threat to the health and safety of the residents within three years preceding the application, unless the applicant or operator can demonstrate to the Division by clear and convincing evidence that the person does not pose a threat to the residents;
(B)For purposes of this subsection, an applicant or operator is “associated with” a person as described in paragraph (1)(c)(A) of this rule if the applicant or operator:
(i)Resides with the person;
(ii)Employs the person in the room and board facility;
(iii)Receives financial backing from the person for the benefit of the facility;
(iv)Receives managerial assistance from the person for the benefit of the facility; or
(v)Knowingly allows the person to have access to the facility.
(2)If a new resident manager begins employment in that capacity during the time period covered by the Certificate of Registration, the operator shall submit that person’s name, birth date, Social Security number, and form SDS 303 completed and signed by the new resident manager.
Rule 411-068-0045 — Standards for Operators of Room and Board Facilities,