(1) A provider or
applicant may apply to the Department for a variance from a provision of these
rules. The provider must justify to the Department that such a variance does
not jeopardize the health, safety, or welfare of the individuals or violate
state or federal laws. If the variance applies to the care and services for an
individual, the provider must provide evidence that the variance is consistent
with the currently approved ISP for the individual.
(2) A variance is granted in writing on a
Department-approved form. A variance granted to one AFH-DD provider does not
constitute a precedent for any other AFH-DD provider. A variance is specific to
a licensed site.
Or. Admin. R.
SPD 3-2005 f. 1-10-05
cert. ef. 2-1-05; SPD 13-2010, f. 6-30-10, cert. ef. 7-1-10; SPD 34-2013, f.
& cert. ef. 9-27-13;
47-2014, f. 12-26-14, cert. ef.
Stat. Auth.: ORS
Stats. Implemented: ORS