OAR 309-035-0265: Conditions

(1) Conditions may be attached to a license by order issued by the OHA director, and such order takes effect immediately upon issuance of the order. Conditions may be attached upon a finding that: (a) Information on the application or initial inspection requires a condition to protect the health, well-being, and safety of residents; (b) There exists a threat to the health, safety, and well-being of a resident; (c) There is reliable evidence of abuse or neglect of a resident; (d) The provider is substantially non-compliant with these rules; or (e) The provider or caregivers demonstrate the inability to evacuate the program timely. (2) Conditions that may be imposed on a provider include, but are not limited to: (a) Restricting the maximum capacity of the setting; (b) Restricting the number and impairment level of residents allowed based upon the ability of the provider and caregivers to meet the health and safety needs of all residents in the setting; (c) Requiring additional caregivers or caregiver qualifications; (d) Requiring additional training of the provider and caregivers; (e) Restricting admissions when there is a threat to the health and safety of the current resident in the program; or (f) Restricting a provider from allowing persons on the premises who may be a threat to resident health, safety or well-being. (3) The provider must be notified in writing of any conditions imposed, the reason for the conditions, and be given an opportunity to request a contested case hearing under ORS chapter 183. (4) The provider may request a contested case hearing in writing within 21 calendar days after the date the notice was personally served or mailed. Conditions take effect immediately and are a final order of the Division unless later rescinded through the hearings process. (5) In addition to, or in lieu of a contested case hearing, a provider may request an informal conference with the Division to discuss the conditions imposed. The informal conference does not diminish the provider's right to a hearing or delay, extend, or otherwise affect the timeframe to request a hearing. (6) Conditions remain in effect for the extent of the license period or until the Division has sufficient cause to believe the situation that warranted the condition has been remedied, whichever is sooner. (7) If the provider believes the situation that warranted the condition has been remedied, the provider may request in writing the condition be removed. (8) Reasons for the conditions must be considered at the time of renewal to determine if the conditions are still appropriate. (9) Conditions must be posted with the license in a prominent place in the home and be available for inspection at all times.