Or. Admin. R. 414-350-0040 - Exceptions to Rules
(1) CCLD may
grant an exception to an individual rule (OAR 414-350-0000 through
414-350-0405) for a specified period of time when:
(a) A requirement does not apply to the home;
or
(b) The intent of the
requirement can be met by a method not specified in the applicable
rule.
(2) The provider
shall request an exception to a rule on a form provided by CCLD. The request
shall include:
(a) A justification for the
requested exception; and
(b) An
explanation of how the provider plans to meet the intent of the rule.
(3) No exception to a rule shall
be granted:
(a) If the requirement is
established by statute;
(b) To any
home safety requirement (OAR 414-350-0170);
(c) Unless the health, safety, and well-being
of the children are ensured; or
(d)
That would place the facility in violation of local zoning or state building
codes.
(4) Exceptions may
not be implemented until approval is received from CCLD.
(5) The granting of an exception to a rule
shall not set a precedent, and each request shall be considered on its own
merits.
(6) CCLD may withdraw
approval of an exception at any time, if deemed necessary to ensure the health,
safety and well-being of the children.
Notes
Statutory/Other Authority: ORS 329A.260
Statutes/Other Implemented: ORS 329A.260 & ORS 329A.280
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(1) CCLD may grant an exception to an individual rule (OAR 414-350-0000 through 414-350-0405) for a specified period of time when:
(a) A requirement does not apply to the home; or
(b) The intent of the requirement can be met by a method not specified in the applicable rule.
(2) The provider shall request an exception to a rule on a form provided by CCLD. The request shall include:
(a) A justification for the requested exception; and
(b) An explanation of how the provider plans to meet the intent of the rule.
(3) No exception to a rule shall be granted:
(a) If the requirement is established by statute;
(b) To any home safety requirement (OAR 414-350-0170);
(c) Unless the health, safety, and well-being of the children are ensured; or
(d) That would place the facility in violation of local zoning or state building codes.
(4) Exceptions may not be implemented until approval is received from CCLD.
(5) The granting of an exception to a rule shall not set a precedent, and each request shall be considered on its own merits.
(6) CCLD may withdraw approval of an exception at any time, if deemed necessary to ensure the health, safety and well-being of the children.
Notes
Statutory/Other Authority: ORS 329A.260
Statutes/Other Implemented: ORS 329A.260 & ORS 329A.280