OAR 309-033-0225: Variances

(1) Criteria for a variance. Variances to rules in Oregon Administrative Rules Chapter 309, Division 33 may be granted to a Community Mental Health Program (CMHP), provider, or facility if there is a lack of resources to implement the standards required in this rule or if implementation of the proposed alternative services, methods, concepts, or procedures would result in services or systems that meet or exceed the standards in these rules and is pursuant to relevant Oregon Revised Statutes. (2) Variance application. The CMHP, provider, or facility requesting a variance shall submit, in writing, an application to the Division which contains the following: (a) The section of the rule from which the variance is sought; (b) The reason for the proposed variance; (c) The alternative practice, service, method, concept or procedure proposed; (d) A plan and timetable for compliance with the section of the rule from which the variance is sought; and (e) Signed documentation from the council indicating its position on the proposed variance. (3) Division review. The Division or designee of the Division shall approve or deny the request for a variance. (4) Notification. The Division shall notify the CMHP, provider, or facility of the decision. This notice shall be given to the CMHP, provider, or facility, with a copy to the council, within 30 days of the receipt of the request by the Division. (5) Appeal application. Appeal of the denial of a variance request shall be made in writing to the Division, whose decision shall be final. (6) Written approval. The CMHP, provider, or facility may implement a variance only after written approval from the Division. The Intergovernmental Agreement shall be amended to the extent that the variance changes a term in that agreement. (7) Duration of variance. A variance shall be initially approved, at maximum, for a period not to exceed two years, though may be shorter depending on the Division’s decision. Variances shall be reviewed by the Division at least every two years for continued need.