1. (1) The license must include but is not limited to the name of the applicant, name of the AFH, address of the home to which the license applies, the maximum number of residents, the name of the resident manager if applicable, conditions if applicable, license number, effective date, expiration date, and the signature of the Division’s designee. The license must be prominently posted in the AFH and available for inspection at all times.
2. (2) The Division may attach conditions to the license that limit, restrict, or specify other criteria for operation of the AFH. Conditions to a license may include but are not limited to care of a specifically identified resident. The conditions must be posted with the license in the AFH and be available for inspection at all times.

3. (3) The Provider must:

   1. (a) Post the most recent inspection report in the entry of the home or an equally prominent place; and
   2. (b) Upon request, provide a copy of the report to each resident, person applying for admission to the home, or the authorized or legal representative, guardian, or conservator of a resident.
4. (4) Each provider must report promptly to the Division any changes to information supplied in the application or subsequent correspondence. Changes include but are not limited to changes in the AFH name, owner entity, resident manager, telephone number, or mailing address, information discovered about past license or certification history, and staffing changes if those changes are significant or impact the health, safety, or well-being of residents.
5. (5) Before an AFH is sold, the prospective new owner must apply for a license in accordance with OAR 309-040-0315 if the new owner intends to operate an AFH.
6. (6) An AFH license is not transferable or applicable to any location or individuals other than those specified on the license.
7. (7) A license is valid for one year from the effective date on the license unless sooner revoked or relinquished.
8. (8) Applicants must be in substantial compliance with these rules before a license is issued. If cited deficiencies are not corrected within the time frames specified by the Division, the license application must be denied.

9. (9) The Division may not issue an initial license unless:

   1. (a) The applicant and the AFH are in compliance with ORS 443.705 to 443.825 and the rules of the Division;
   2. (b) The Division has completed an inspection of the AFH. If cited deficiencies are not corrected within the time frames specified by the Division, the application must be denied;
   3. (c) The Division has received an approved background records check on the applicant, resident manager, substitute caregiver, and any occupant (other than a resident) 16 years of age or older or is identified in ORS 443.735 and who will be residing in or employed by the AFH, as identified in OAR chapter 943 division 007 and any other rules established by the Division;.
   4. (d) The Division has determined that the registry maintained under ORS 441.678 contains no finding that the applicant or any person employed by the applicant has been responsible for abuse.

   5. (e) The Division has determined the applicant is not excluded from receiving federal awards including:

      1. (A) The U.S. Office of Inspector General’s Exclusion List at www.exclusions.oig.hhs.gov and
      2. (B) The U.S. General Services Administration’s System for Award Management Exclusion List at www.sam.gov.
   6. (f) An applicant may not be licensed to operate any additional programs without first demonstrating a history of substantial compliance for previous and current licenses and certificates.
10. (10) Notwithstanding any other provision of ORS 443.735, 443.725, or 443.738, the Division may issue a 60-day provisional license to a qualified applicant if the Division determines that an emergency situation exists after being notified that the licensed provider of an AFH is no longer overseeing operation of the AFH.
11. (11) At or about 90 days after initial licensure, but no more than 120 days after an initial license is issued, the Division will inspect the AFH to ensure compliant operation.

Statutory/Other Authority

ORS 413.042

Statutes/Other Implemented

ORS 443.705 - 443.825

History

BHS 11-2026, temporary amend filed 05/28/2026, effective 06/05/2026 through 12/01/2026
BHS 5-2025, amend filed 02/28/2025, effective 03/01/2025
MHS 9-2017, f. 6-29-17, cert. ef. 7-1-17
MHS 3-2017(Temp), f. 3-3-17, cert. ef. 3-4-17 thru 8-30-17
MHS 14-2016(Temp), f. 9-6-16, cert. ef. 9-7-16 thru 3-3-17
MHD 3-2005, f. & cert. ef. 4-1-05, Renumbered from 309-040-0020
MHD 6-1999, f. 8-24-99, cert. ef. 8-26-99
MHD 1-1992, f. & cert. ef. 1-7-92