Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 360 - ADULT FOSTER HOMES FOR INDIVIDUALS WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITIES › Section 411-360-0270 - Denial, Revocation or Non-renewal of License

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department denies, revokes, or
			 refuses to renew a license where it finds:
(a) There has been imminent danger to the
			 health or safety of individuals or substantial failure to comply 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 individuals in an AFH-DD;
(c) The Department has conducted a
			 background check and determined the applicant or licensee is not approved in
			 accordance with OAR 411-360-0110;
(d) The applicant or licensee is listed on
			 the Office of Inspector General's or the U.S. General Services Administration's
			 (System for Award Management) Exclusion Lists;
(e) The licensee allows a caregiver, or any
			 other subject individual as defined in OAR
			 411-360-0020, excluding
			 individuals who are receiving care and services in the AFH-DD, to operate,
			 work, train in, or reside in the AFH-DD that:
(A) Have been convicted of any of the
			 disqualifying crimes listed in OAR
			 407-007-0275;
(B) Are not approved by the Department as the
			 result of a background check; or
(C) Refused to cooperate with the Department
			 for a background check in accordance with OAR
			 407-007-0200 to
			 407-007-0370;
(f) The applicant or licensee
			 falsely represents that he or she has not been convicted of a crime;
(g) The licensee fails to implement a plan of
			 correction or comply with a final order of the Department imposing an
			 administrative sanction;
(h) When
			 a background check is required on or after July 28, 2009, a subject individual
			 as defined in OAR 411-360-0020 has been convicted
			 of any of the disqualifying crimes listed in OAR
			 407-007-0275;
(i) The Department of Revenue has sent the
			 Department a notice in accordance with ORS
			 305.385;
(j) The applicant or licensee has had a
			 previous certificate or license to operate a foster home, or any other setting
			 involving residential care, denied, suspended, revoked, or not renewed within
			 three years preceding the present action or is associated with a person whose
			 certificate or license was denied, suspended, revoked, or not renewed within
			 three years preceding the present action due to the abuse of an individual or
			 failure to possess the physical or mental health, or good personal character
			 necessary, unless the applicant or licensee demonstrates to the Department by
			 clear and convincing evidence that the applicant or licensee, or the person
			 associated with the applicant or licensee, does not pose a threat to the
			 individuals.
(A) For the purpose of this
			 subsection, an applicant or licensee is "associated with" a person as described
			 above, if the applicant or licensee:
(i)
			 Resides with the person;
(ii)
			 Employs the person in the AFH-DD;
(iii) Receives financial backing from the
			 person for the benefit of the AFH-DD;
(iv) Receives managerial assistance from the
			 person for the benefit of the AFH-DD; or
(v) Allows the person to have access to the
			 AFH-DD.
(B) For the
			 purpose of this subsection only, "present action" means the date of the notice
			 of denial, suspension, revocation, or refusal to renew.