OAR 411-325-0060: License Conditions

The Department may attach conditions to a license that limit, restrict, or specify other criteria for operation of a home. The type of condition attached to a license must directly relate to the risk of harm or potential risk of harm to individuals. (1) The Department may attach a condition to a license upon any of the following findings: (a) Information on the application or initial inspection requires a condition to protect the health, safety, or welfare of individuals. (b) A threat to the health, safety, or welfare of an individual exists. (c) There is evidence of abuse. (d) The home is not being operated in compliance with these rules or the rules in OAR chapter 411, divisions 004, 304, 318, and 323. (e) A provider is licensed to provide services for a specific individual only and further placements may not be made into the home. (2) Conditions the Department may impose on a license include, but are not limited to, the following: (a) Restricting the total number of individuals to whom a provider may deliver services. (b) Restricting the total number of individuals within a licensed classification level based upon the capability and capacity of a provider and staff to meet the health and safety needs of all individuals. (c) Restricting the type of support and services within a licensed classification level based upon the capability and capacity of a provider and staff to meet the health and safety needs of all individuals. (d) Requiring additional staff or staff qualifications. (e) Requiring additional training. (f) Restricting a provider from allowing a person on the premises who may be a threat to the health, safety, or welfare of an individual. (g) Requiring additional documentation. (h) Restricting entry. (3) The Department shall impose a condition prohibiting new entry or transfer into a home when there is a death of an individual served by the provider that results in a protective services investigation and the provider was responsible for delivering supports to the individual during the time associated with the individual’s death. (a) A new entry or transfer may be accepted while the condition is in place, if the entry or transfer approval is granted by the Department and the case management entity. (b) The condition may be terminated: (A) Following the protective services investigation determination that abuse or neglect was not a factor in the individual’s death; or (B) At the discretion of the Department upon satisfactory demonstration by the provider that: (i) There are adequate protections in place to prevent or minimize risk of harm to other individuals receiving the same or similar type of services; and (ii) Entry of additional individuals into the home does not negatively impact the provider's ability to safely serve individuals. (4) The Department issues a written notice to the provider when the Department imposes conditions to a license. The written notice of conditions includes the conditions imposed by the Department, the reason for the conditions, and the opportunity to request a hearing according to ORS chapter 183. (a) Conditions take effect immediately upon issuance of the written notice of conditions or at a later date as indicated on the notice and are a Final Order of the Department unless later rescinded through the hearing process. (b) The conditions imposed remain in effect until the Department has sufficient cause to believe the situation which warranted the condition has been remedied. (5) A provider may request a hearing in accordance with ORS chapter 183 and this rule upon receipt of written notice of conditions. The request for a hearing must be in writing. (a) The provider must request a hearing within 21 calendar days from the receipt of the written notice of conditions. (b) In addition to, or in lieu of a hearing, the provider may request an administrative review as described in section (6) of this rule. The request for an administrative review must be in writing. The administrative review does not diminish the right of the provider to a hearing. (c) The Department shall be allowed reasonable requests for setting or postponement of any hearing to allow for the conclusion of a protective services investigation when a condition is imposed related to the protective services investigation. (6) ADMINISTRATIVE REVIEW. (a) In addition to the right to a hearing, a provider may request an administrative review by the Director of the Department for imposition of conditions. The request for an administrative review must be in writing. (b) The Department must receive a written request for an administrative review within 10 business days from the date of the notice of conditions. The provider may submit, along with the written request for an administrative review, any additional written materials the provider wishes to have considered during the administrative review. (c) The determination of the administrative review is issued in writing within 10 business days from the date of the written request for an administrative review, or by a later date as agreed to by the provider. (d) The provider may request a hearing if the decision of the Department is to affirm the condition. The request for a hearing must be in writing. The Department must receive the written request for a hearing within 21 calendar days from the date of the original written notice of conditions. (7) A provider may send a written request to the Department to remove a condition if the provider believes the situation that warranted the condition has been remedied. (8) Conditions must be posted with the license in a prominent location and be available for inspection at all times.