OAR 411-320-0200: Variances

(1) A variance that does not adversely impact the welfare, health, safety, or rights of individuals or violate state or federal laws may be granted to the CDDP if there is a lack of resources to meet the standards required in these rules and the alternative services, methods, concepts, or procedures proposed shall result in services or systems that meet or exceed the standards in these rules. All variances must be submitted to the Department and approved by the Department prior to implementation. (2) The CDDP requesting a variance must submit a written application to the Department that contains the following: (a) The section of the rule from which the variance is sought; (b) The reason for the proposed variance; (c) A description of the alternative practice, service, method, concept, or procedure proposed, including how the health and safety of individuals receiving services shall be protected to the extent required by these rules; (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 CDDP reflecting the justification for the proposed variance. (3) The request for a variance is approved or denied by the Department. The decision of the Department is sent to the CDDP within 45 days from the receipt of the variance request by the Department. (4) The CDDP may request an administrator review of the denial of a variance request by sending a written request for review to the Director. The decision of the Director is the final response from the Department. (5) The Department determines the duration of the variance. (6) The CDDP may implement a variance only after written approval from the Department. The intergovernmental agreement is amended to the extent that the variance changes a term in that agreement.