OAR 411-049-0140. Local Licensing Authority Action and Inspections

(1) The LLA shall inspect all AFHs including pending applicants prior to the issuance of a license issuance of a license or renewal. (a) INITIAL LICENSE. (A) The licensee or administrator must be given a copy of the Department's Adult Foster Home Initial Inspection Form identifying any areas of non-compliance and a time frame for correction. (B) The licensee or administrator must correct all identified areas of non-compliance before the Department may issue a license. (C) The Department or LLA must conduct a follow-up in-person visit no less than 90 days and no more than 120 days after an initial license is issued. The purpose of the inspection is to determine whether the home is maintained and operated in accordance with these rules. During the visit, the Department or LLA will also consult with and advise the provider concerning methods of care, treatment, training, records, housing and equipment. (b) RENEWAL LICENSE. (A) The licensee or administrator must be given a copy of the Department's Renewal Inspection Form, and the Department's Statement of Deficiencies and Plan of Correction identifying any area of non-compliance with a time frame for correction. (B) The Statement of Deficiencies must specify a time frame for the correction of each violation. The time frame for correction may not exceed 30 calendar days from the date of inspection. (c) ANNUAL INSPECTIONS. (A) The LLA must conduct an annual in-person inspection for licensees or administrators on an approved two-year renewal cycle. (B) Annual inspections may be conducted with an appointment when requested by a licensee or administrator. The request must be made no less than 30 days prior to the anniversary of the license, and the appointment must be scheduled at a mutually agreed upon time in cooperation with the LLA. (C) If advance notice may obstruct or diminish the effectiveness of the enforcement of these rules, the appointment request may be denied. (2) ISSUANCE. (a) The LLA must issue an initial license within 60 calendar days after the completed application materials have been received if the home is in compliance with these rules. (b) The LLA shall issue an initial or renewal license only if the following requirements are met: (A) The applicant and the AFH are in compliance with ORS 443.705 to 443.825 and these rules, including any applicable conditions and other final orders of the Department. (B) The LLA has completed an in-person inspection of the AFH as required by ORS 443.755 and these rules. (C) The Department has completed a background check in accordance with OAR 411-049-0120. (D) The LLA has reviewed the record of sanctions available from the LLA's files. (E) The LLA has determined the nursing assistant registry maintained under 42 CFR 483.156 contains no finding that the licensee or any nursing assistant employed by the licensee has been responsible for abuse. (F) The LLA has determined the licensee is not listed on either of the Exclusion Lists. (G) The applicant currently operates or has operated any other facility licensed by the applicant in substantial compliance with ORS 443.705 to 443.825. (H) The applicant has demonstrated to the LLA the financial ability and resources necessary to operate an AFH in accordance with OAR 411-049-0125(3). (3) BURDEN OF PROOF. (a) In seeking an initial license, the burden of proof to establish compliance with ORS 443.705 to 443.825 and these rules is upon the AFH applicant. (b) In seeking the renewal of a license when an AFH has been licensed for less than 24 months, the burden of proof to establish compliance with ORS 443.705 to 443.825 and these rules is upon the licensee. (c) In seeking the renewal of a license when an AFH has been licensed for 24 or more continuous months, the burden of proof to establish non-compliance with ORS 443.705 to 443.825 and these rules is upon the Department. (4) INSPECTION REPORTS. The licensee or administrator must: (a) Post the most recent inspection reports in the entry of the home or an equally prominent place; or (b) Maintain the most recent inspection reports in a binder that is readily accessible and post the location of the facility binder with other required postings. (c) Upon request, provide a copy of the reports to each resident, person applying for admission to the home, or the legal representative, guardian, or conservator of a resident.