Rule Rule 414-350-0040
Exceptions to Rules

(1) OCC may grant an exception to an individual rule (OAR 414-350-0000 (Applicability of Rules) through 414-350-0405 (Civil Penalty)) for a specified period of time when:
(a) A requirement does not apply to the home; or
(b) The intent of the requirement can be met by a method not specified in the applicable rule.
(2) The provider shall request an exception to a rule on a form provided by OCC. The request shall include:
(a) A justification for the requested exception; and
(b) An explanation of how the provider plans to meet the intent of the rule.
(3) No exception to a rule shall be granted:
(a) If the requirement is established by statute;
(b) To any home safety requirement (OAR 414-350-0170 (Home Safety));
(c) Unless the health, safety, and well-being of the children are ensured; or
(d) That would place the facility in violation of local zoning or state building codes.
(4) Exceptions may not be implemented until approval is received from OCC.
(5) The granting of an exception to a rule shall not set a precedent, and each request shall be considered on its own merits.
(6) OCC may withdraw approval of an exception at any time, if deemed necessary to ensure the health, safety and well-being of the children.
Last accessed
Sep. 20, 2020