OAR 309-040-0345: Temporary rule language in effect until 12/01/2026. Renewal

(1) The licensee must submit a complete renewal application packet and the required fee, as applicable, at least 120 days prior to the expiration date of the license. If the completed renewal application and fee are not submitted prior to the expiration date, the AFH will be treated as an unlicensed home subject to civil penalties. (2) The renewal application must include the following: (a) A renewed physician's statement and financial information form, if this information has changed; (b) Certification in writing, under penalty of perjury, that to the best of the person’s knowledge the provider or owner is not in violation of any tax laws described in ORS 305.380 (c) A new Tax Compliance Certification issued by the Oregon Department of Revenue for each owner with 20 percent or more ownership in the AFH, certifying the owner is not in violation of any tax laws described in ORS 305.380; (d) Disclosure of any adverse action taken or proposed on any current or previous license or certificate, and documentation showing the final disposition of any suspension, denial, revocation, or other disciplinary actions initiated on any current or previous license or certificate, including settlement agreements, where applicable; (e) Updated floor plan and building permits for any physical changes to the home (f) A completed AFH Self-Inspection related to HCBS compliance and Fire Safety, using division approved forms; (g) Proposed policies and procedures regarding: (A) Staff training, (B) Service planning, medication administration, food preparation and distribution; (C) Safety, emergency response, succession planning and facility closure; and (D) Communication and services for persons with limited English proficiency. (h) Current residency agreement and house rules; (i) Current lease or rental agreement, as applicable; and (j) Variance requests, as applicable. (3) The Division may require the applicant to submit a current physician’s statement, a current approved background check, and a current financial information form if investigation by the Division for license renewal determines it is necessary. (4) The Division must investigate any information in the renewal application and must conduct an in-person inspection of the AFH. (5) The provider must be given a formal written report from the inspection citing any deficiencies and a time frame for correction that does not exceed 30 days from the date of the inspection report unless otherwise noted in the inspection report. (6) The AFH provider must correct cited deficiencies prior to the Division issuing a renewed license. If cited deficiencies are not corrected within the time frame specified by the Division, the renewal application must be denied and administrative sanctions may be imposed. (7) The Division must not renew a license unless: (a) The applicant and the AFH are in compliance with ORS 443.705 to 443.825 and these rules; (b) The Division has completed an inspection of the AFH; (c) The Division has confirmed a current back[RC1] ground check has been completed, as required by ORS 181A.195, ORS 443.735 and OAR chapter 943, division 007, on the applicant and any occupant, other than a resident, 16 years of age or older or is identified in ORS 443.735(4)(c) and who will be residing in or employed by or otherwise acting as a provider, resident manager, substitute caregiver, or volunteer for the AFH provider. (8) The Division will deny renewal of a license if the provider does not submit a complete renewal application packet and bed fee, if applicable, prior to the expiration of the license. (9) The provider, resident manager, substitute caregiver, volunteer, or occupant residing in the AFH may continue to work or reside in the home pending the final fitness determination in accordance with OAR 407-007-0315. (10) A background check must be completed for the applicant and any occupant, other than a resident, 16 years of age or older who must be residing in or employed by or otherwise acting as a provider, resident manager, substitute caregiver, or volunteer for the AFH provider if the Division believes there is reason to justify a new background check in accordance with OAR chapter 943, division 007. (11) An AFH provider seeking initial licensing or that has been in operation for less than 24 months has the burden of proof to establish compliance with ORS 443.705 to 443.825 and the Division rules. (12) The burden of proof is upon the Division to establish compliance with ORS 443.705 to 443.825 and the Division rules if an AFH provider is seeking renewal of a license and has been in continuous operation for more than 24 months.