OAR 411-039-0250: Conditions

(1) Conditions may be attached to a license and take effect immediately upon issuance by the Department. The type of condition attached to a license must directly relate to a risk of harm or potential risk of harm to Individuals. Conditions may be attached upon a finding that: (a) Information on the application or initial program review requires a condition to protect the health, safety, or welfare of the Individuals; (b) A threat to the health, safety, or welfare of an Individual exists; (c) There is reliable evidence of Abuse, neglect, or exploitation; and (d) The Agency with Choice is not being operated in compliance with these rules. (2) Examples of conditions that may be imposed on a Licensee include, but are not limited to: (a) Restricting the total number of Individuals served based on the Agency with Choice ability to meet the health and safety needs includes restricting new admissions when a threat to the current Individuals exists and adding new Individuals would compound that threat. (b) Requiring additional qualifications or training of Licensee and staff. (3) The Department must notify the Licensee in writing of any conditions imposed, the reason for the conditions, and be given an opportunity to request a hearing under Oregon Laws 2024, chapter 37, section 1 (13). A Licensee must request a 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 Conditions take effect immediately and are a final order of the Department unless later rescinded. (4) In addition to, or in-lieu of, a contested case hearing, a Licensee may request an informal conference with the Department to discuss conditions imposed. The informal conference does not diminish the Licensee's right to a hearing. (5) Conditions imposed remain in effect, until the Department has sufficient cause to believe the situation that warranted the condition has been remedied. If the Licensee believes the situation that warranted the condition has been remedied, the Licensee may request in writing to the Department that the condition be removed. (6) Conditions must be posted with the license in a prominent place in the Agency with Choice and be available for inspection at all times.