OAR 411-325-0040: Applications for Initial License of a 24-Hour Residential Setting

LICENSE MORATORIUM. An application for an initial license will not be evaluated by the Department if submitted before December 2, 2025. (1) At least 30 days prior to anticipated licensure, an applicant must submit an application and required non-refundable fee. The application is provided by the Department and must include all information requested by the Department. (2) The application must identify the number of beds the 24-hour residential setting is presently capable of operating at the time of application, considering existing equipment, ancillary service capability, and the physical requirements as specified by these rules. For purposes of license renewal, the number of beds to be licensed may not exceed the number identified on the license to be renewed unless approved by the Department. (3) The initial application must include: (a) A copy of any lease agreements or contracts, management agreements or contracts, and sales agreements or contracts, relative to the operation and ownership of the home; (b) A floor plan of the home showing the location and size of rooms, exits, smoke alarms, and extinguishers; and (c) A copy of the Residency Agreement described in OAR 411-325-0300. (4) If a scheduled, onsite licensing inspection reveals that an applicant is not in compliance with these rules as attested to on the Licensing Onsite Inspection Checklist, the onsite licensing inspection may be rescheduled at the convenience of the Department. (5) Applicants may not admit any individual to the home prior to receiving a written confirmation of licensure from the Department. (6) If an applicant fails to provide complete, accurate, and truthful information during the application and licensing process, the Department may cause initial licensure to be delayed or may deny or revoke the license. (7) Any applicant or person with a controlling interest in an agency is considered responsible for acts occurring during, and relating to, the operation of such home for the purpose of licensing. (8) The Department may consider the background and operating history of each applicant and each person with a controlling ownership interest when determining whether to issue a license. (9) When an application for initial licensure is made by an applicant who owns or operates other licensed homes or facilities in Oregon, the Department may deny the license if the applicant’s existing home or facility is not, or has not been, in substantial compliance with the Oregon Administrative Rules. (10) Separate licenses are not required for separate buildings located contiguously and operated as an integrated unit by the same management. (11) A provider may not admit an individual whose service needs exceed the classification on the license of the home without prior written consent of the Department.