OAR 411-345-0090: Variances for Agency Service Providers

(1) The Department may grant a variance to these rules based upon a demonstration by the agency service provider that an alternative method or different approach provides equal or greater program effectiveness and does not adversely impact the welfare, health, safety, or rights of individuals or violate state or federal laws. (2) The agency service provider requesting a variance must submit a written application to the CDDP or 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) The alternative practice, service, method, concept, or procedure proposed; and (d) If the variance applies to the services of an individual, evidence that the variance is consistent with the currently authorized ISP for the individual. (3) The CDDP must forward the signed variance request form to the Department within 30 calendar days from the receipt of the request indicating the position of the CDDP on the proposed variance. (4) The request for a variance is approved or denied by the Department. The decision of the Department is sent to the agency service provider, the CDDP, and to all relevant Department programs or offices within 30 calendar days from the receipt of the variance request. (5) The agency service provider may request an administrative review of the denial of a variance. The Department must receive a written request for an administrative review within 10 business days from the receipt of the denial. The agency service provider must send a copy of the written request for an administrative review to the CDDP or the Department. The decision of the Director is the final response from the Department. (6) The duration of the variance is determined by the Department. (7) The agency service provider may implement a variance only after written approval from the Department.