1. (1) No person, agency, or governmental unit acting individually or jointly with any other person, agency, or governmental unit shall establish, conduct, maintain, manage, or operate a 24-hour residential program without being licensed for each 24-hour residential setting.
   (2) A license is not transferable and is only applicable to the location, home, agency, management agent, or ownership indicated on the application and license.
   (3) PRIORITIZED APPLICATIONS.
   (a) The Department may prioritize the review of an initial application for a license when:
   (A) One or more individuals has an unmet need and there is not an available provider that can meet the need; or
   (B) There is not an available provider in the geographic community chosen by an individual.
   (b) Factors that may be considered to prioritize an application include, but are not limited to:
   (A) Applicant’s ability to deliver service in a geographic location lacking the service.
   (B) Specialized skills or support possessed by the applicant that may mitigate barriers to an individual’s receipt of developmental disabilities services.
   (C) Applicant’s demonstrable fluency in a language other than English when an individual’s ability to benefit from or direct supports in that language is likely. The applicant’s policies must describe how the agency will communicate in the individual’s primary language and English, and the strategies to recruit staff who are bilingual in the language and to engage translation services.
   (4) The Department issues a license to an applicant found to be in compliance with these rules and the rules in OAR chapter 411, divisions 004, 304, 318, and 323. A license is in effect for two years from the date issued unless revoked or suspended.
   (5) The Department may not issue a new license to an applicant that holds a license issued under these rules if:
   (a) Any license issued under these rules held by the applicant has a condition attached as described in OAR 411-325-0060.
   (b) The agency has an unresolved serious violation identified in a serious violation letter as defined in OAR 411-323-0020.

Statutory/Other Authority

ORS 409.050, 427.104, 430.662, 441.715, 443.450 & 443.455

Statutes/Other Implemented

ORS 409.010, 427.007, 427.026, 427.101, 427.104, 430.215, 430.610, 430.662, 441.705-441.720, 441.740, 441.745, 443.384, 443.392, 443.400-443.445, 443.450, 443.455, 443.880, 443.881 & 443.991

History

APD 1-2026, amend filed 01/12/2026, effective 01/15/2026
APD 13-2019, amend filed 02/14/2019, effective 02/15/2019
APD 24-2016, f. & cert. ef. 6-29-16
SPD 58-2013, f. 12-27-13, cert. ef. 12-28-13
SPD 25-2004, f. 7-30-04, cert. ef. 8-1-04
SPD 25-2003, f. 12-29-03, cert. ef. 1-1-04