309-040-0420 Denial, Suspension, Revocation, or Refusal to Renew (1) The Division must deny, revoke, or refuse to renew a license where it finds any of the following: (a) There has been substantial non-compliance 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 residents in an AFH; or (c) A background check conducted by ODHS determined the applicant or provider is not approved; (d) The provider allows a caregiver or any other person, excluding residents, who has been convicted of potentially disqualifying crimes and has been denied, or refused to cooperate with the Division, to reside or work in the AFH; (e) The applicant or provider falsely represents they have not been convicted of a crime; or (f) The Division has received notice from the Department of Revenue in accordance with ORS 305.385. (g) The applicant or provider has had a certificate or license to operate a foster home, assisted living facility, or residential care facility denied, suspended, revoked, or refused to be renewed in this or any other state within three years preceding the present action if the denial, suspension, revocation, or refusal to renew was due in any part to: (A) Abuse, creating a threat to the health, safety, or well-being of residents; or (B) Failure of the applicant or provider to possess the physical health, mental health, or good judgement or character deemed necessary by the division; (h) The applicant or provider, including a board member or officer, has had a certificate or license to operate a foster home, assisted living facility or residential care facility denied, suspended, revoked, or refusal to be renewed in this or any other state more than three years from the present action, the applicant or provider is required to demonstrate to the Division by clear and convincing evidence, the applicant or provider: (A) Does not pose a threat to resident; and (B) Posses the ability and fitness to operate an AFH in substantial compliance. (i) The applicant or provider is associated with a person whose license for a foster home, assisted living facility, or residential care facility was denied, suspended, revoked, or refused to be renewed due to: (A) Abuse or neglect, creating a threat to the health, safety, or well-being of residents; or (B) Failure to possess physical health, mental health, or good judgement or character within three years preceding the present action, unless the applicant or provider can demonstrate to the Division by clear and convincing evidence that the person does not pose a threat to the residents; (j) For purposes of this subsection, an applicant or provider is "associated with" a person as described above, if the applicant or provider: (A) Resides with the person; (B) Employs the person in the AFH; (C) Receives financial backing from the person for the benefit of the AFH; (D) Receives managerial assistance from the person for the benefit of the AFH; or (E) Allows the person to have access to the AFH; or (F) Rents or leases the AFH from the person. (k) For purposes of this section only, "present action" means the date of the notice of denial, suspension, revocation, or refusal to renew. (2) The Division may deny, suspend, revoke, or refuse to renew an AFH license if the applicant or provider: (a) Submits fraudulent or untrue information to the Division; (b) Has a history of or demonstrates financial insolvency, such as bankruptcy, foreclosure, eviction due to failure to pay rent, or termination of utility services due to failure to pay bills; (c) Has threatened the health, safety, or well-being of any resident; (d) Has abused a resident; (e) Has a medical or psychiatric problem, which interferes with the ability to provide care; (f) Refuses to allow access and inspection; (g) Fails to comply with a final order of the Division to correct a violation of the rules for which an administrative sanction has been imposed; (h) Fails to comply with a final order of the Division imposing an administrative sanction; (i) Fails to report knowledge of the illegal actions of or disclose the known criminal history of a provider, resident manager, substitute caregiver, or volunteer of the AFH. (j) Interferes with a person who has made a good faith disclosure of information concerning the abuse or neglect of a resident receiving care and services in a licensed or certified facility; (k) Has previously been cited for the operation of an unlicensed AFH (l) Has previously surrendered a license or certificate while under investigation or administrative sanction during the last three years; or (m) Fails to operate the AFH or any other facility in substantial compliance. 3) The provider may request a hearing in writing within 21 calendar days after the date the notice was personally served or mailed. If the provider fails to request a hearing in writing, or the request is not timely, the notice will become a final order of the Division by default. (4) In addition to, or in-lieu of, a contested case hearing, a provider may request an informal conference with the Division to discuss the administrative action. The informal conference does not diminish the provider’s right to a hearing. A request for informal conference does not delay, extend, or otherwise affect the 21 days allowed to request a hearing. (5) A license subject to revocation or non-renewal remains valid during the administrative hearing process even if the hearing and final order are not issued after the expiration date of the license when a complete renewal application and fee has been submitted to the Division prior to the expiration of the current license. Statutory/Other Authority: ORS 413.042 & ORS 443.745 Statutes/Other Implemented: ORS 443.705 - 443.825 History: BHS 5-2025, amend filed 02/28/2025, effective 03/01/2025 BHS 6-2018, amend filed 03/21/2018, effective 03/30/2018 MHS 12-2017, temporary amend filed 10/03/2017, effective 10/03/2017 through 03/30/2018 MHS 9-2017, f. 6-29-17, cert. ef. 7-1-17 MHS 3-2017(Temp), f. 3-3-17, cert. ef. 3-4-17 thru 8-30-17 MHS 14-2016(Temp), f. 9-6-16, cert. ef. 9-7-16 thru 3-3-17 Renumbered from 309-040-0090, MHD 3-2005, f. & cert. ef. 4-1-05 MHD 6-1999, f. 8-24-99, cert. ef. 8-26-99 MHD 1-1992, f. & cert. ef. 1-7-92 (and corrected 1-31-92) MHD 6-1986, f. & ef. 7-2-86 MHD 19-1985(Temp), f. & ef. 12-27-85