Or. Admin. Code § 411-068-0045

Current through Register Vol. 63, No. 10, October 1, 2024

Section 411-068-0045 - Standards for Operators of Room and Board Facilities

(1) The Department may deny registration to an applicant if any of the following conditions apply:

(a) The applicant or tenant manager, if applicable, has been convicted of one or more crimes described in OAR 407-007-0281 or

(b) The applicant has had a certificate to operate a RB facility, or a license to operate a foster home or residential care facility denied, suspended, revoked or non-renewed in this or any other state/county if the denial, suspension, revocation or non-renewal was due to abuse of the tenants or a threat to the health and safety of the tenants. The applicant or operator is required to establish to the Department by clear and convincing evidence his/her ability and fitness to operate a RB facility. If the applicant or operator does not meet this burden, the Department shall deny, suspend, revoke or refuse to renew the registration;

(A) The applicant or operator is associated with a person whose registration or license for a RB facility, a foster home or residential care facility was denied, suspended, revoked or not renewed due to abuse of the tenants or a threat to the health and safety of the tenants within three years preceding the application, unless the applicant or operator can demonstrate to the Department by clear and convincing evidence that the person does not pose a threat to the tenants;

(B) For purposes of this subsection, an applicant or operator is "associated with" a person as described in paragraph (1)(b)(A) of this rule if the applicant or operator:

(i) Resides with the person;

(ii) Employs the person in the RB 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 tenant manager begins employment in that capacity during the time period covered by the registration, the operator shall submit that person's name, birth date, and evidence of a completed background check for the new tenant manager.

Or. Admin. Code § 411-068-0045

SSD 15-1990, f. 7-30-90, cert. ef. 8-1-90; APD 24-2022, amend filed 06/13/2022, effective 7/1/2022

Statutory/Other Authority: ORS 410.070 & 443.485

Statutes/Other Implemented: ORS 443.480 & 443.500