1. (1) The Division may deny, suspend, revoke, or refuse to renew a registration when it finds:

   1. (a) There has been failure to comply with these rules or with local codes and ordinances;
   2. (b) The CBSH is providing residential care or treatment as defined under these rules or meeting the definition of an Adult Foster Home, Residential Treatment Home, or Residential Treatment Facility as defined in ORS 443.400;
   3. (c) A provider or an employee or agent of the provider fails to allow access or inspection by an authorized representative of the Division;
   4. (d) The provider submits fraudulent or untrue information to the Division;
   5. (e) The provider fails to comply with a variance granted by the Division; or
   6. (f) There is a threat to the health, safety, and wellbeing of a resident in the CBSH or there are substantiations of abuse of a resident.
2. (2) The provider may request a review of the decision by submitting a request in writing to the Division within ten days of the notice and order of denial, suspension, revocation, or refusal to renew registration.
3. (3) Within ten days of receipt of the provider’s request for a review, the Division shall review all available materials, including any written documentation submitted by the provider within that time frame. The Division shall determine, based on a review of the material, whether to sustain the decision. If the Division overturns the decision to deny, suspend, revoke, or refuse to renew the Letter of Registration, the notice or order shall be rescinded.
4. (4) An order of denial, suspension, revocation, or refusal to renew may be appealed subject to a contested case hearing under ORS 183.310 to 183.550 if requested within 90 days of the date the order of suspension was signed or 90 days of the date that the Division sustained its decision after review under this subsection, whichever comes later.

Statutory/Other Authority

ORS 413.032, ORS 413.042, ORS 413.085 & ORS 443.485

Statutes/Other Implemented

ORS 443.480 - 443.500 & ORS 443.991

History

BHS 9-2018, adopt filed 04/16/2018, effective 04/16/2018