Or. Admin. Code § 411-340-0090

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

Section 411-340-0090 - Request for Variance

(1) A variance that does not adversely impact the welfare, health, safety, or rights of individuals or violate state or federal laws may be granted to a Brokerage:

(a) If the Brokerage lacks the resources needed to implement the standards required in these rules;

(b) If implementation of the proposed alternative services, methods, concepts, or procedures shall result in services or systems that meet or exceed the standards in these rules; or

(c) If there are other extenuating circumstances.

(2) The Brokerage requesting a variance must submit a written application to the Department that contains the following:

(a) The section of the rule from which the variance is sought;

(b) The reason for the proposed variance;

(c) A description of the alternative practice, service, method, concept, or procedure proposed, including how the health and safety of individuals receiving services shall be protected to the extent required by these rules;

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

(e) If the variance applies to the services to an individual, evidence that the variance is consistent with the currently authorized ISP for the individual.

(3) The request for a variance is approved or denied by the Department. The decision of the Department is sent to the Brokerage and to all relevant Department programs or offices within 45 days from the receipt of the variance request.

(4) The Brokerage may request an administrator review of the denial of a variance request by sending a written request for review to the Director of the Department. The decision of the Director is the final response from the Department.

(5) The Department determines the duration of the variance.

(6) The Brokerage may implement a variance only after written approval from the Department.

Or. Admin. Code § 411-340-0090

MHD 9-2001(Temp), f. 8-30-01, cert. ef. 9-1-01 thru 2-27-02; MHD 5-2002, f. 2-26-02 cert. ef. 2-27-02; Renumbered from 309-041-1830, SPD 22-2003, f. 12-22-03, cert. ef. 12-28-03; SPD 8-2005, f. & cert. ef. 6-23-05; SPD 8-2008, f. 6-27-08, cert. ef. 6-29-08; SPD 8-2009, f. & cert. ef. 7-1-09; SPD 50-2013, f. 12-27-13, cert. ef. 12-28-13; APD 44-2014, f. 12-26-14, cert. ef. 12/28/2014; APD 15-2016, f. 6-28-16, cert. ef. 6/29/2016

Stat. Auth.: ORS 409.050, 427.402 & 430.662

Stats. Implemented: ORS 427.005, 427.007, 427.400-427.410, 430.610, 430.620 & 430.662-430.695