Or. Admin. R. 415-054-0535 - Variance
(1) An applicant or
ADSS may request a variance to these rules, applicable service delivery rules,
or other applicable regulations.
(2) The applicant or ADSS must submit the
variance request directly to the Division along with relevant application
documents submitted to the Division. The variance request must include:
(a) A description and applicable details of
the variance requested, including the applicable section of the rule for which
the variance is sought;
(b) The
rationale and necessity for the requested variance;
(c) The alternative practice proposed, where
relevant; and
(d) The proposed
duration of the variance, including a plan and timetable for compliance with
the rule exempted or adjusted by the variance.
(3) The Chief Officer, whose decision is
final, shall approve or deny the variance request and include an expiration
date for the variance not to exceed the length of the ADSS' current
certificate.
(4) A variance
granted by the Division becomes part of the certificate. Continuance of the
variance may not be automatic and shall be re-considered at the expiration of
the variance or when the certification is being considered for renewal,
whichever comes first.
(5)
Requesting renewal of a variance in advance of current variance expiration is
the responsibility of each ADSS.
(6) Failure by the ADSS to implement approved
alternative practices or otherwise demonstrate noncompliance with an approved
variance may result in the Division withdrawing approval for a variance.
(7) Failure by the ADSS to
implement approved alternative practices or otherwise demonstrate noncompliance
with an approved variance such that the health or safety of individuals is
jeopardized to the degree that cessation of services by the ADSS is considered
necessary to prevent harm to the individual may result in the Division taking
action on the certificate pursuant to OAR 415-054-0475.
Notes
Statutory/Other Authority: 413.042 & 430.256
Statutes/Other Implemented: 430.256
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.