Or. Admin. R. 411-323-0070 - Variances
(1) The Department
may grant a variance to these rules or the corresponding program rules based
upon a demonstration by an agency that an alternative method or different
approach provides equal or greater agency effectiveness and does not adversely
impact the welfare, health, safety, or rights of individuals or violate state
or federal laws.
(2) The agency
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) The alternative
practice, service, method, concept, or procedure proposed; and
(d) If the variance applies to the services
for 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 agency,
the CDDP, and to all relevant Department programs or offices within 30 days
from the receipt of the variance request.
(4) The agency may request an administrative
review of the denial of a variance request. The Department must receive a
written request for an administrative review within 10 business days from the
receipt of the denial. The decision of the Director is the final response from
the Department.
(5) The duration of
the variance is determined by the Department.
(6) The agency may implement a variance only
after written approval from the Department.
Notes
Stat. Auth.: ORS 409.050
Stats. Implemented: ORS 409.050
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.