ORS 443.415: License applications; fee; investigations; grounds for issuance and denial of license.
Edition: 2025 EditionEffective: 2026-01-01Last verified: 2026-09-07
(1) Applications for licensure to maintain and operate a residential facility shall be made to the Department of Human Services or the Oregon Health Authority on forms provided for that purpose by the appropriate licensing agency and shall include the facility’s proposed policies and procedures regarding staff and administrator training, service planning, medication administration, food preparation and distribution, safety, emergency response and facility closure. (2) Each application shall be accompanied by a fee. No fee is required of any governmentally operated residential facility. The application fee for: (a) A residential treatment facility is $60. (b) A residential training home or residential training facility shall be prescribed by the department pursuant to ORS 427.021. (c) A residential treatment home is $30. (d) A residential care facility is: (A) For a facility with one to 15 beds, $2,000. (B) For a facility with 16 to 49 beds, $3,000. (C) For a facility with 50 to 99 beds, $4,000. (D) For a facility with 100 to 150 beds, $5,000. (E) For a facility with more than 150 beds, $6,000. (3) Upon receipt of an application and fee, the licensing agency shall conduct an in-person site inspection, including, for residential care facilities, an inspection of the kitchen and other areas where food is prepared for residents. (4) The licensing agency shall issue an initial license to a residential facility only if: (a) The facility is in compliance with ORS 443.002 and 443.400 to 443.455 and the rules of the licensing agency; (b) The licensing agency has completed an inspection of the facility under this section; and (c) The licensing agency has reviewed and approved the facility’s proposed policies and procedures submitted under subsection (1) of this section. (5) Licensure shall be denied if the State Fire Marshal, deputy or approved authority has given notice of noncompliance of a residential care facility, residential training facility or residential treatment facility pursuant to ORS 479.220. [1977 c.717 §8; 1979 c.696 §16; 1987 c.548 §2; 2001 c.900 §184; 2005 c.22 §308; 2009 c.595 §780; 2009 c.828 §31; 2009 c.837 §26; 2017 c.679 §12a; 2017 c.707 §4; 2019 c.592 §5; 2021 c.338 §6; 2023 c.206 §3; 2025 c.619 §7]
Administrative rules citing this section
- OAR 309-011-0105: Purpose — implements
- OAR 309-035-0100: Purpose and Scope — implements
- OAR 309-035-0105: Temporary rule language in effect until 11/25/2026. Definitions — implements
- OAR 309-035-0115: Temporary rule language in effect until 11/25/2026. Licensing — implements
- OAR 309-035-0150: Sanitation — implements
- OAR 309-035-0155: Individual Furnishings — implements
- OAR 309-035-0156: Temporary rule language in effect until 11/25/2026. Screening — implements
- OAR 309-035-0158: Temporary rule language in effect until 11/25/2026. Waitlist Management — implements
- OAR 309-035-0163: Admission — implements
- OAR 411-054-0000: Purpose — implements
- OAR 411-054-0010: Licensing Standard — implements
- OAR 411-054-0012: Requirements for New Construction or Initial Licensure — implements
- OAR 411-054-0013: Temporary rule language in effect until 02/05/2027. Application for Initial Licensure and License Renewal — implements
- OAR 411-054-0016: Temporary rule language in effect until 02/05/2027. New Applicant Qualifications — implements
- OAR 411-054-0017: Temporary rule language in effect until 02/05/2027. Consultants — implements
- OAR 411-054-0019: Temporary rule language in effect until 02/05/2027. Change of Ownership or Management — implements
- OAR 411-054-0028: Reporting and Investigating Abuse and Other Actions Affecting Resident Welfare — implements
- OAR 411-054-0030: Resident Services — implements
- OAR 411-054-0035: Temporary rule language in effect until 02/05/2027. Designated Contact Person — implements
- OAR 411-054-0036: Service Plan — General — implements
- OAR 411-054-0037: Acuity-Based Staffing Tool — implements
- OAR 411-054-0040: Change of Condition and Monitoring — implements
- OAR 411-054-0045: Resident Health Services — implements
- OAR 411-054-0055: Medications and Treatments — implements
- OAR 411-054-0060: Restraints and Supportive Devices — implements
- OAR 411-054-0065: Administrator Qualifications and Requirements — implements
- OAR 411-054-0080: Involuntary Move-out Criteria — implements
- OAR 411-054-0085: Refunds and Financial Management — implements
- OAR 411-054-0090: Fire and Life Safety — implements
- OAR 411-054-0093: Emergency and Disaster Planning — implements
- OAR 411-054-0100: Temporary rule language in effect until 02/05/2027. Exceptions — implements
- OAR 411-054-0105: Temporary rule language in effect until 02/05/2027. Inspections and Investigations — implements
- OAR 411-054-0106: Regulatory Framework — implements
- OAR 411-054-0130: Non-Renewal, Denial, Suspension or Revocation of License — implements
- OAR 411-054-0133: Temporary Manager — implements
- OAR 411-054-0135: Criminal Penalties — implements
- OAR 411-054-0140: Additional Authority — implements
- OAR 411-054-0200: Residential Care Facility Building Requirements — implements
- OAR 411-054-0300: Assisted Living Facility Building Requirements — implements
- OAR 411-325-0090: Change of Ownership, Legal Entity, Legal Status, Management Corporation — implements
- OAR 411-325-0185: Emergency Information — implements
- OAR 411-325-0200: Transportation — implements
- OAR 411-325-0220: Individual Furnishings — implements
- OAR 411-325-0240: Assessment of Fire Evacuation Assistance — implements
- OAR 411-325-0250: Fire Drill Requirements and Fire Safety — implements
- OAR 411-325-0270: Fire Safety Requirements for Homes on a Single Property or on Contiguous Property Serving Six or More Individuals — implements
- OAR 411-325-0290: Fire Safety Requirements for Apartments Serving Five or Fewer Individuals — implements
- OAR 411-325-0370: Individuals' Personal Property — implements
- OAR 411-325-0410: Community Living Supports — implements
- OAR 411-325-0430: Individual Support Plan — implements
- OAR 411-325-0440: Children’s Direct Contracted Services — implements
- OAR 411-325-0480: Criminal Penalties — implements
- OAR 415-012-0065: Suspension of License — implements
- OAR 415-012-0075: Licensure Conditions — implements
- OAR 419-210-0120: Screening Activities — implements
- OAR 419-210-0160: Exception to Completing an Investigation — implements
- OAR 419-210-0180: Abuse Investigation Report — implements
- OAR 419-210-0200: Confidentiality — implements
This rule cites
- ORS 427.021 — resolved
- ORS 443.002 — resolved
- 443.400 — resolved
- 443.455 — resolved
- ORS 479.220 — resolved
Cited by
- ORS 413.273: Palliative care for patients and residents of hospitals, long term care facilities and residential care facilities.
- ORS 418.519: Definitions for ORS 418.519 to 418.532.
- ORS 426.500: Powers and duties of Oregon Health Authority; rules.
- ORS 441.303: Establishment of Facility Fund; fees from facilities in addition to license or application fee; use of fees.
- ORS 442.015: Definitions.
- ORS 443.004: Criminal records check required for employees and volunteers providing direct care; exceptions; rules.
- ORS 443.416: Inspection of facilities.
- ORS 443.420: Qualifications for license; rules.
- ORS 443.425: License term; contents; renewal; fee.
- ORS 443.430: Transferability of license; disposition of license fees.
- ORS 690.025: Exemptions; rules.
- OAR 411-054-0013: Temporary rule language in effect until 02/05/2027. Application for Initial Licensure and License Renewal
- OAR 411-054-0019: Temporary rule language in effect until 02/05/2027. Change of Ownership or Management
- OAR 411-064-0000: Purpose
- OAR 411-348-0070: License Renewal
- OAR 419-130-0010: Definitions
- OAR 817-100-0100: Licensed Health Care Facility
Official source: https://www.oregonlegislature.gov/bills_laws/ors/ors443.html