Or. Admin. Code § 415-012-0090 - Variances

(1) A variance request must be made in writing:

(a) For an initial application, it should be included with the application documents;

(b) If the provider is an agency under contract with the local mental health authority, it must submit the request through the local mental health authority to the Division; and

(c) If the provider is not under contract to the local mental health authority, the request should be submitted directly to the Division.

(2) The request should include the following:

(a) The reason for the proposed variance or exception;

(b) The alternative practice proposed; and

(c) For an exception, a plan and timetable for compliance with the section of the rule from which the exception is sought.

(3) The Division whose decision shall be final shall approve or deny the request for variance or exception.

(4) The Division shall notify the provider requesting the variance or exception and the community mental health program of the decision.

(5) A variance granted by the Division shall be attached to and become part of the license. Continuance of the variance shall be reviewed at the time the license is considered for renewal.

Notes

Or. Admin. Code § 415-012-0090

ADAP 2-1993, f. & cert. ef. 11-5-93; ADS 2-2008, f. & cert. ef. 11-13-08; ADS 4-2013, f. & cert. ef. 5-3-13; ADS 8-2016, f. & cert. ef. 12/14/2016; ADS 3-2017, temporary amend filed 12/01/2017, effective 12/01/2017 through 05/29/2018; ADS 4-2018, amend filed 05/10/2018, effective 5/10/2018

Statutory/Other Authority: ORS 430.256

Statutes/Other Implemented: ORS 430.010-430.030, ORS 430.306, ORS 430.397, ORS 430.405, ORS 430.450, ORS 430.630, ORS 430.850 & ORS 443.400