309-045-0540 Temporary rule language in effect until 04/06/2026. Inspections (1) The Division must conduct an inspection of each Agency with Choice application and issue a license to successful applicants prior to services being provided. (2) The Division must conduct an onsite inspection of each Agency with Choice every two-years to verify the Agency with Choice is maintained and operated in substantial compliance with these rules. (3) The Division may conduct additional inspections: (a) To determine if cited violations have been corrected; (b) For the purpose of routine monitoring of individual’s care; (c) If the Division has reason to believe the Agency with Choice has violated a regulation or provision of these rules; or (d) If the Division has reason to believe the Agency with Choice is operating without a license. (4) The Division may conduct an inspection or investigation without advance notification. (5) An inspection may include, but is not limited to: (a) Review of the application and all supporting documentation and information submitted by the applicant; (b) Interview with individuals, individual’s legal representatives, individual’s family members, and Agency with Choice staff; (c) Review of agency, personnel, and individual records; (d) On-site observations of individuals and staff; and (e) Verification of substantial compliance with Federal, State, and local government agencies with jurisdiction. (6) The Agency with Choice must authorize all staff to permit access to the Agency with Choice and agency, personnel and individual records to the Authority, the CMHP, the investigative authority and CMS staff, for the purpose of inspection, investigation, and other duties within the scope of the agency’s authority. (7) If the Authority, CMHP, investigative authority or CMS staff are not permitted access for inspection, a search warrant may be obtained. (8) The Agency with Choice must make all requested documents and records available for review and copying. (9) Following an inspection, Division staff will conduct an exit conference with the Agency with Choice licensee, administrator or administrator’s designee. During the exit conference, Division staff must: (a) Inform the Agency with Choice licensee, administrator or administrator’s designee of the preliminary findings of the inspection; and (b) Provide the Agency with Choice licensee, administrator or administrator’s designee an opportunity to submit additional facts or other information in response to the findings. (10) The Division must issue a written report to the Agency with Choice within 30 days of the inspection. The Division must issue a statement of deficiencies that cites the law or rule alleged to have been violated and the facts supporting the allegation. (11) When deficiencies result in a referral to another regulatory agency, Division staff must submit the applicable information to that agency for its review and determination of appropriate action. (12) A copy of the most current inspection report and any conditions placed upon the license must be posted with the Agency with Choice license in public view near the main entrance to the Agency with Choice. Statutory/Other Authority: ORS 413.042, Oregon Law 2024, Chapter 37 & HB 4129 (2024) Statutes/Other Implemented: Oregon Law 2024, Chapter 37 History: BHS 23-2025, temporary adopt filed 10/09/2025, effective 10/09/2025 through 04/06/2026