Or. Admin. R. 411-360-0270 - Denial, Revocation or Non-renewal of License
(1) The Department denies, revokes, or
refuses to renew a license where it finds:
(a) There has been imminent danger to the
health or safety of individuals or substantial failure to comply with these
rules;
(b) There is substantial
non-compliance with local codes and ordinances, or any other state or federal
law or rule applicable to the health and safety of individuals in an AFH-DD;
(c) The Department has conducted a
background check and determined the applicant or licensee is not approved in
accordance with OAR 411-360-0110;
(d) The applicant or licensee is listed on
the Office of Inspector General's or the U.S. General Services Administration's
(System for Award Management) Exclusion Lists;
(e) The licensee allows a caregiver, or any
other subject individual as defined in OAR 411-360-0020, excluding individuals
who are receiving care and services in the AFH-DD, to operate, work, train in,
or reside in the AFH-DD that:
(A) Have been
convicted of any of the disqualifying crimes listed in OAR 407-007-0275;
(B) Are not approved by the
Department as the result of a background check; or
(C) Refused to cooperate with the Department
for a background check in accordance with OAR 407-007-0200 to 407-007-0370;
(f) The applicant or
licensee falsely represents that he or she has not been convicted of a crime;
(g) The licensee fails to
implement a plan of correction or comply with a final order of the Department
imposing an administrative sanction;
(h) When a background check is required on or
after July 28, 2009, a subject individual as defined in OAR 411-360-0020 has
been convicted of any of the disqualifying crimes listed in OAR 407-007-0275;
(i) The Department of Revenue has
sent the Department a notice in accordance with ORS
305.385;
(j) The applicant or licensee has had a
previous certificate or license to operate a foster home, or any other setting
involving residential care, denied, suspended, revoked, or not renewed within
three years preceding the present action or is associated with a person whose
certificate or license was denied, suspended, revoked, or not renewed within
three years preceding the present action due to the abuse of an individual or
failure to possess the physical or mental health, or good personal character
necessary, unless the applicant or licensee demonstrates to the Department by
clear and convincing evidence that the applicant or licensee, or the person
associated with the applicant or licensee, does not pose a threat to the
individuals.
(A) For the purpose of this
subsection, an applicant or licensee is "associated with" a person as described
above, if the applicant or licensee:
(i)
Resides with the person;
(ii)
Employs the person in the AFH-DD;
(iii) Receives financial backing from the
person for the benefit of the AFH-DD;
(iv) Receives managerial assistance from the
person for the benefit of the AFH-DD; or
(v) Allows the person to have access to the
AFH-DD.
(B) For the
purpose of this subsection only, "present action" means the date of the notice
of denial, suspension, revocation, or refusal to renew.
(2) The Department may deny,
revoke, or refuse to renew an AFH-DD license if the applicant or licensee:
(a) Has a history of, or demonstrates
financial insolvency, such as filing for bankruptcy, foreclosure, eviction due
to failure to pay rent, or disruption of utility services due to failure to pay
bills;
(b) Has threatened the
health, safety, or welfare of any individual;
(c) Has a founded report of abuse of a child
or has a substantiated finding of abuse of an individual;
(d) Has a medical or psychiatric problem that
interferes with the applicant's or licensee's ability to provide care and
services;
(e) Has had a previous
certificate or license to operate a foster home, or any other setting involving
residential care, denied, suspended, revoked, or not renewed more than three
years from the present action or the licensee or applicant is associated with a
person whose certificate or license was denied, suspended, revoked, or not
renewed more than three years from the present action due to the abuse of an
individual or failure to possess the physical or mental health, or good
personal character necessary, unless the applicant or licensee demonstrates to
the Department by clear and convincing evidence that the applicant or licensee,
or the person associated with the applicant or licensee, does not pose a threat
to the individuals.
(A) For the purpose of
this subsection, an applicant or licensee is "associated with" a person as
described above, if the applicant or licensee:
(i) Resides with the person;
(ii) Employs the person in the AFH-DD;
(iii) Receives financial backing
from the person for the benefit of the AFH-DD;
(iv) Receives managerial assistance from the
person for the benefit of the AFH-DD; or
(v) Allows the person to have access to the
AFH-DD.
(B) For the
purpose of this subsection only, "present action" means the date of the notice
of denial, suspension, revocation, or refusal to renew.
(f) Has failed to pass the second AFH-DD
Basic Training Examination;
(g)
Has failed to disclose requested information on the application or submits
untrue information to the Department;
(h) Has previously been cited for the
operation of an unlicensed AFH;
(i) Does not possess the good judgment or
character deemed necessary by the Department;
(j) Fails to correct a violation within the
specified timeframe allowed;
(k)
Refuses to allow access to the AFH-DD and inspection of the AFH-DD;
(l) Fails to comply with a final order of the
Department to correct a violation of the rules for which an administrative
sanction has been imposed, such as a license condition;
(m) Fails to obtain an approved background
check for subject individuals according to OAR 411-360-0110; or
(n) Fails to operate any AFH-DD licensed to
the licensee in substantial compliance with ORS
443.705 to
443.825 and these rules.
(3) DENIAL. When the
Department denies an applicant an AFH-DD license, the applicant has 60 calendar
days after receipt of the notice of denial to make a written application for a
contested case hearing before the Department.
(4) NON-RENEWAL. When an administrative
sanction is to not renew an AFH-DD license, the licensee has 21 calendar days
after the receipt of the notice of administrative sanction to make a written
application for a contested case hearing before the Department.
(5) REVOCATION. When an administrative
sanction is to revoke a license, the licensee has 10 calendar days after the
receipt of the notice of administrative sanction to make a written application
for a contested case hearing before the Department.
(6) All hearings are conducted pursuant to
the applicable provisions of ORS chapter 183.
(7) If the applicant or licensee fails to
request a contested case hearing within the timeframe specified in the notice
of denial, refusal to renew, or revocation, a default order may be entered by
the Department.
Notes
Stat. Auth.: ORS 409.050, 410.070, 443.725, 443.730, 443.735, 443.738, 443.742, 443.760, 443.765, 443.767, 443.775, & 443.790
Stats. Implemented: ORS 443.705 - 443.825
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