Or. Admin. Code § 309-060-0135

Current through Register Vol. 63, No. 12, December 1, 2024

Section 309-060-0135 - Denial of Applications

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

(a) The applicant or facility manager, if applicable, does not have an approved background check, as required in OAR 407-007-0200 through 407-007-0370.

(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;

(c) The applicant fails to demonstrate compliance with these rules; or

(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;

(c) Receives financial backing from the person for the benefit of the facility;

(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 must 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 must 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.

Or. Admin. Code § 309-060-0135

BHS 9-2018, adopt filed 04/16/2018, effective 4/16/2018; BHS 43-2023, amend filed 12/22/2023, effective 1/1/2024

Statutory/Other Authority: ORS 181A.195, ORS 181.200, ORS 413.032, ORS 413.042, ORS 413.085 & ORS 443.485

Statutes/Other Implemented: ORS 443.480 - 443.500 & ORS 443.991