Or. Admin. Code § 333-027-0170

Current through Register Vol. 63, No. 11, November 1, 2024

Section 333-027-0170 - Waivers

(1) While all agencies are required to maintain continuous compliance with these rules, these requirements do not prohibit the use of alternative concepts, methods, procedures, techniques, equipment, facilities, personnel qualifications or the conducting of pilot projects or research. A request for a waiver from a rule must:

(a) Be submitted to the Authority in writing;

(b) Identify the specific rule for which a waiver is requested;

(c) Identify the special circumstances relied upon to justify the waiver;

(d) Explain why the agency is unable to be in compliance, what alternatives were considered, if any, and why alternatives (including compliance) were not selected;

(e) Demonstrate that the proposed waiver is desirable to maintain or improve the health and safety of the patients, to meet the individual and aggregate needs of patients, and will not jeopardize patient health and safety; and

(f) Include the proposed duration of the waiver.

(2) Upon finding that the agency has satisfied the conditions of this rule, the Authority may grant the waiver.

(3) An agency may not implement a waiver until it has received written approval from the Authority.

(4) During an emergency the Authority may waive a rule that an agency is unable to meet, for reasons beyond the agency's control. If the Authority waives a rule under this section it shall issue an order, in writing, specifying which rules are waived, which agencies are subject to the order, and how long the order shall remain in effect.

Or. Admin. Code § 333-027-0170

HD 20-1993, f. & cert. ef. 10-28-93; Renumbered from 333-027-0067, OHD 13-1998, f. & cert. ef. 11-6-98; OHD 9-2002, f. & cert. ef. 7-2-02; PH 7-2012, f. 3-30-12, cert. ef. 4-1-12; PH 3-2022, amend filed 01/11/2022, effective 1/13/2022

Statutory/Other Authority: ORS 443.085

Statutes/Other Implemented: ORS 443.085