1. (1) The Department must conduct a program review as defined in OAR 411-039-0030(3).
2. (2) The Department must conduct and complete an investigation upon receipt of information or allegations an Agency with Choice is not operating in compliance with these rules and complete the investigation within 90 days. For Abuse investigations must occur within the timeframes established in those rules.

3. (3) Program reviews and investigations may be conducted at other times as the Department deem necessary including:

   1. (a) To determine if cited violations have been corrected;
   2. (b) For the purpose of routine monitoring of Individual’s services, or to investigate a Grievance, Complaint or Formal Complaint;
   3. (c) The Department has reason to believe the Agency with Choice has violated a regulation or provision of these rules; or
   4. (d) The Department has reason to believe the Agency with Choice is operating without a license.
4. (4) The Department may conduct a program review or investigation without advance notification.
5. (5) An Agency with Choice must permit the Department staff access to any physical Agency with Choice business location from which it is operating its Agency with Choice. Department access to Individual’s homes should be coordinated with the Individual.

6. (6) Following a program review, the Department will conduct an exit conference with an Agency with Choice owner, Administrator, or Administrator's designee. During the exit conference, Department staff must:

   1. (a) Inform the Agency with Choice owner, administrator, or Administrator's designee of the preliminary findings of the program review; and
   2. (b) Give the owner, Administrator, or Administrator's designee an opportunity to submit additional facts or other information to the Department in response to the findings.
7. (7) When findings result in a referral to another regulatory agency, the Department staff must submit the applicable information to that agency for its review and determination of appropriate action.
8. (8) If no deficiencies are found during a program review, the Department must issue a written report to the Agency with Choice owner indicating that fact within 30 days of the exit conference confirming compliance with program rules.
9. (9) If deficiencies are found, the Department must issue a statement of deficiencies within 15 days of the exit conference citing the rule(s) alleged to be violated, the facts supporting the allegation, and a date by which corrections must be made. The written statement may include specific actions that must be taken for the Agency with Choice to maintain their license.
10. (10) A copy of the most current program review report and any conditions placed upon the license must be posted with the Agency with Choice license in public view near the main entrance to the Agency with Choice.

Statutory/Other Authority

Or Laws 2024, ch. 37

Statutes/Other Implemented

ORS 124.050 & Or Laws 2024, ch. 37

History

APD 17-2025, adopt filed 12/10/2025, effective 12/15/2025