ORS 443.415¹
License applications
  • fee
  • investigations
  • grounds for issuance and denial of license

(1) Applications for licensure to maintain and operate a residential facility shall be made to the Department of Human Services on forms provided for that purpose by the department. Each application shall be accompanied by a fee of $60 for facilities defined in ORS 443.400 (Definitions for ORS 443.400 to 443.455) (5), (7) and (9) and a fee of $30 for homes defined in ORS 443.400 (Definitions for ORS 443.400 to 443.455) (8) and (10). No fee is required of any governmentally operated residential facility.

(2) Upon receipt of an application and fee, the department shall conduct an investigation. The department shall issue a license to any applicant for operation of a residential facility in compliance with ORS 443.400 (Definitions for ORS 443.400 to 443.455) to 443.455 (Civil penalties) and the rules of the director. Licensure may be denied when a residential facility is not in compliance with ORS 443.400 (Definitions for ORS 443.400 to 443.455) to 443.455 (Civil penalties) or the rules of the Director of Human Services. Licensure shall be denied if the State Fire Marshal or other authority has given notice of noncompliance of facilities defined in ORS 443.400 (Definitions for ORS 443.400 to 443.455) (5), (7) and (9) pursuant to ORS 479.220 (Institution inspection by State Fire Marshal). [1977 c.717 §8; 1979 c.696 §16; 1987 c.548 §2; 2001 c.900 §184; 2005 c.22 §308]

Note: Sections 1 and 2, chapter 981, Oregon Laws 2001, provide:

Sec. 1. (1) Notwithstanding ORS 443.415 (License applications), the Department of Human Services may issue a license only to an applicant for operation of a residential care facility as defined in ORS 443.400 (Definitions for ORS 443.400 to 443.455) who is in compliance with ORS 443.400 (Definitions for ORS 443.400 to 443.455) to 443.455 (Civil penalties) and the rules of the Director of Human Services if:

(a) The type of residential care facility for which a license is sought is located in a service area that is underserved by facilities of that type;

(b) The residential care facility is relocating within the service area and the applicant is seeking an increase in the number of living units or residents in the facility as specified in subsection (2) of this section;

(c) The schematic plans or construction drawings for a new residential care facility were submitted to the department before August 16, 2001;

(d) There is a change of ownership or management of the residential care facility and the applicant is seeking an increase in the number of living units or residents in the facility as specified in subsection (2) of this section; or

(e) The residential care facility is applying for a license renewal under ORS 443.425 (License term) and the applicant is seeking an increase in the number of living units or residents in the facility as specified in subsection (2) of this section.

(2) An applicant may seek an increase in the number of residents to be maintained in the residential care facility:

(a) That is not greater than 10 percent of the maximum number of residents stated on the facility’s license at the time of application; or

(b) Of 10 residents.

(3) In calculating 10 percent of the maximum number of residents, the department shall round up to the nearest whole number. [2001 c.981 §1; 2003 c.308 §1]

Sec. 2. Section 1, chapter 981, Oregon Laws 2001, is repealed on June 30, 2009. [2001 c.981 §2; 2003 c.308 §2; 2005 c.690 §2]

Note: Sections 1, 3, 4, 5 and 8, chapter 690, Oregon Laws 2005, provide:

Sec. 1. Section 1, chapter 981, Oregon Laws 2001, does not apply to applications for renewal of a license under ORS 443.425 (License term) when the applicant is not seeking an increase in the number of living units or residents in the facility. [2005 c.690 §1]

Sec. 3. (1) A person that submitted schematic plans or construction drawings for a new residential care facility, as defined in ORS 443.400 (Definitions for ORS 443.400 to 443.455), to the Department of Human Services as described in section 1 (1)(c), chapter 981, Oregon Laws 2001, as amended by section 1, chapter 308, Oregon Laws 2003, before August 16, 2001, shall pay an annual fee of $5,000. The fee shall be paid for each fiscal year during which construction on the submitted project has not begun.

(2) Schematic plans or construction drawings submitted to the department are deemed to be withdrawn if the person fails to pay the fee described in subsection (1) of this section. [2005 c.690 §3]

Sec. 4. (1) The fee described in section 3 of this 2005 Act applies for each fiscal year that begins on or after July 1, 2005, to any schematic plan or construction drawing submitted to the Department of Human Services for review before August 16, 2001.

(2) The department shall adopt rules implementing subsection (1) of this section. [2005 c.690 §4]

Sec. 5. (1) A person that submitted schematic plans or construction drawings for a new residential care facility to the Department of Human Services before August 16, 2001, as described in section 3 of this 2005 Act shall submit to the department a copy of a construction permit, a building permit or other permit necessary to begin construction no later than 24 months after the effective date of this 2005 Act [August 3, 2005].

(2) Schematic plans or construction drawings submitted to the department are deemed to be withdrawn if the person fails to submit the copy required under subsection (1) of this section. [2005 c.690 §5]

Sec. 8. Sections 1, 3, 4, 5 and 6 of this 2005 Act are repealed on June 30, 2009. [2005 c.690 §8]

Atty. Gen. Opinions

Licensing nursing homes for mentally retarded under licensing pro­vi­sions of residential facilities, (1978) Vol 39, p 1

1 Legislative Counsel Committee, CHAPTER 443—Home Health Agencies; Residential Facilities; Hospice Programs, https://­www.­oregonlegislature.­gov/­bills_laws/­Archive/­2007ors443.­pdf (2007) (last ac­cessed Feb. 12, 2009).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 443, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­443ano.­htm (2007) (last ac­cessed Feb. 12, 2009).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent. Currency Information