1. (1) An applicant or provider may request a variance to these rules, applicable service delivery rules, or other applicable regulations.

2. (2) The applicant or provider must submit the variance request directly to the Division along with the application documents submitted to the Division. The variance request must include:

   1. (a) A description and applicable details of the variance requested, including the applicable section of the rule for which the variance is sought;
   2. (b) The rationale and necessity for the requested variance;
   3. (c) The alternative practice proposed, where relevant; and
   4. (d) The proposed duration of the variance, including a plan and timetable for compliance with the rule exempted or adjusted by the variance.
3. (3) The Director, whose decision is final, shall approve or deny the variance request and include an expiration date for the variance not to exceed the length of the provider’s current certificate.
4. (4) A variance granted by the Division becomes part of the certificate. Continuance of the variance will not be automatic and will be reconsidered at the expiration of the variance or when the certification is being considered for renewal, whichever comes first.
5. (5) Requesting renewal of a variance in advance of current variance expiration is the responsibility of each provider.
6. (6) Failure by the provider to implement approved alternative practices or otherwise demonstrate noncompliance with an approved variance may result in the Division withdrawing approval for a variance.
7. (7) Failure by the provider to implement approved alternative practices or otherwise demonstrate noncompliance with an approved variance such that the health or safety of individuals is jeopardized to the degree that cessation of services by the provider is considered necessary to prevent harm to the individual may result in the Division taking action on the certificate pursuant to OAR 309-008-1100.

Statutory/Other Authority

ORS 179.040, 179.505, ORS 413.042, 413.032-413.033, 426.072, 426.175, 426.236, 426.500, 430.010, 430.021, 430.256, 430.357, 430.560, 430.640, 430.870, ORS 743A.168 & 743.556

Statutes/Other Implemented

ORS 413.520, 426.060, 426.140, 430.010, 430.254, 430.335, 430.590, 430.620 & 430.637

History

BHS 11-2018, amend filed 05/10/2018, effective 05/10/2018
MHS 15-2017, temporary amend filed 12/01/2017, effective 12/01/2017 through 05/29/2018
MHS 16-2016, f. 11-28-16, cert. ef. 11-30-16
MHS 6-2016(Temp), f. 6-28-16, cert. ef. 7-1-16 thru 12-27-16