(1) An applicant or
provider may request a variance to these rules, applicable service delivery
rules, or other applicable regulations.
(2) The applicant or provider must submit the
variance request directly to the Division along with the 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 Director, 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 provider's current
certificate.
(4) A variance granted
by the Division becomes part of the certificate. Continuance of the variance
will not be automatic and will be reconsidered 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 provider.
(6) Failure by
the provider 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 provider 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 provider is considered
necessary to prevent harm to the individual may result in the Division taking
action on the certificate pursuant to OAR
309-008-1100.
Notes
Or. Admin. Code
§
309-008-1600
MHS
16-2016, f. 11-28-16, cert. ef.
11/30/2016; MHS 15-2017, temporary amend filed
12/01/2017, effective 12/01/2017 through 05/29/2018;
BHS
11-2018, amend filed 05/10/2018, effective
5/10/2018
Statutory/Other Authority: ORS
179.040,
179.505, ORS
413.042,
413.032-413.033,
426.072,
426.175,
426.236,
426.500,
430.010,
430.021,
430.256,
430.357,
430.560,
430.640,
430.870, ORS
743A.168 &
743.556
Statutes/Other Implemented: ORS
413.520,
426.060,
426.140,
430.010,
430.254,
430.335,
430.590,
430.620 &
430.637
