Aging and People with Disabilities and Developmental Disabilities - Chapter 411
Division 32524-HOUR RESIDENTIAL PROGRAMS AND CENTERS FOR CHILDREN AND ADULTS WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITIES
411-325-0020
Definitions and abbreviations
In addition to the following definitions, OAR 411-317-0000 provides general definitions of words and terms commonly used in OAR Chapter 411 Section 325. If a word or term is otherwise defined in OAR 411-317-0000, the definition in that rule applies.
(1) "24-Hour Housing Program" means a separate method of providing home and community services in a 24-hour residential setting by a provider certified and approved under Chapter 411, Division 323 OAR.
(2) "24 Hour Residential Center" means a residential home, condo or duplex licensed by the Department under ORS 443.410 where home and community services are provided to individuals with an intellectual or developmental disability. A 24-hour residential facility is considered a residential facility owned, controlled or operated by the service provider.
(3) "Dwelling" means "24-hour residence" as defined in this rule.
(4) "Applicant" means an individual, agency, corporation, or government entity that applies for a license to provide residential and social services in a 24-hour residence.
(5) "CDDP" stands for "Community Developmental Disability Program".
(6) "Certificate" means a document issued to a provider by the Department that certifies that the provider qualifies under the rules set out in Chapter 411, Division 323 of the OAR to receive state funds to provide services in an approved 24-hour residence.
(7) "Denial" means the Department's refusal to issue a certificate, endorsement, or license to operate a 24-hour residential program or 24-hour residential facility because the Department has determined that the service provider or home does not comply with these regulations or the regulations in OAR Chapter 411, Division 323.
(8) "Duplex" means "24-hour residential facility" as defined in this rule.
(9) "Educational Alternate" means a person who represents a parent of a child in protecting the rights of the child in the public education decision-making process:
(a) When the child's parent cannot be identified or located after reasonable efforts.
(b) When there are reasonable grounds to believe that the child is disabled and in the care of the state.
(c) At the request of a parent of a child or young adult student.
(10) "Recommendation" means an authorization to provide services in a 24-hour residential facility. Approval is issued by the Department to a certified service provider that meets the eligibility criteria set out in these rules and regulations in Chapter 411, Division 323 of the OAR.
(11) "Executive Director" means the person appointed by the board of directors or the owner of the business responsible for operating the 24-hour housing program and providing services in the 24-hour residential premises.
(12) "Home" means "24-hour residence" as defined in this rule.
(13) "Forced confinement of a child" means the confinement of a child alone in a room from which the child is prevented in any way from leaving. Involuntary seclusion of a child does not include an age-appropriate break if the break is in a place from which the child cannot leave.
(14) "ISP" stands for "Individual Support Plan".
(15) "License" means a document issued by the applicant's Department that meets the requirements of these Bylaws and the rules of Chapter 411, Division 323 of the OAR.
(16) "Licensee" means the person or organization to whom the certificate, endorsement and license have been granted.
(17) "Modified diet" means a change or limitation in the texture or consistency of food or drink, for example, no hard foods, thickened liquids, mechanically soft, finely chopped, pureed, or just bread soaked in milk.
(18) "Nursing Services" means the provision of one-on-one advice, plans, or interventions by a home nurse based on a nursing process as defined by the Oregon Board of Nursing. Nursing services are different from administrative nursing services.
(19) "OCCS" means "Customer and Community Services Office".
(20) „ODDS” oznacza Oregon Department of Human Services, Office of Developmental Disabilities Services.
(21) "Oregon Core Power" means:
(a) A list of the skills and knowledge required of newly hired personnel in the areas of health, safety, rights, values and personal respect, and the service provider's mission.
(b) related timeframes within which newly recruited personnel must demonstrate competence.
(22) „OSIPM” oznacza „Oregon Supplemental Income Program-Medical”.
(23) A "program supervisor" is a trained member of staff of the program provider who is designated by the Executive Director or his designee to approve the continued use of restraints on a child in accordance with OAR 411-325-0355.
(24) "Prone immobilization" means immobilization in which a person is held face down on the floor or other surface.
(25) "Reportable Injury" means any type of injury to a child resulting from the use of a restraint, including, but not limited to, carpet burn, fracture, sprain, contusion, pain, soft tissue damage, puncture, scratch, concussion, skin abrasions, dizziness , loss of consciousness, blindness, blurred vision or death.
(26) "Restraint" means to physically restrict a person's actions or movements by restraining, applying pressure or other means.
(27) "Revocation" means an action taken by the Department to revoke a certificate, endorsement, or license to operate a 24-hour residential program or 24-hour residential facility after the Department determines that the service provider or home does not comply with one or more of these regulations or OAR, Chapter 411, Section 323.
(28) 'Serious bodily injury' means any significant physical harm to a child or other person ascertained by qualified medical personnel, whether caused by self-inflicted injury or by another person.
(29) 'Special diets' means specially prepared foods or specific types of foods that are tailored to a person's health condition or diagnosis and support an evidence-based treatment regimen. Examples of special diets include, but are not limited to, low-calorie, high-fiber, diabetic, low-salt, lactose-free, or low-fat diets. Special diets do not include diets where extra or extra food is offered without a doctor's recommendation but cannot be eaten, such as giving prunes every morning for breakfast or including fresh fruit at every meal.
(30) "Prone immobilization" means immobilization in which a person is held face up on the floor or other surface.
(31) "Suspension" means the immediate temporary revocation of authorization to operate a 24-hour residential program or 24-hour residential facility upon the Department's determination that a service provider or home is not in compliance with one or more of these rules or the rules in OAR Chapter 411, Division 323.
(32) "These Regulations" means the regulations contained in the OAR, Chapter 411, Section 325.
Statutory/other authority:ORS 409.050, 427.104, 441.715, 443.450 i 443.455
Statutes/Other Implemented:ORS 409.010, 418.519-418.529, 427.007, 427.104, 441.705-441.720, 441.740, 441.745, 443.384, 443.392, 443.400-443.445, 443.4 50, 443.455, 443.880, 443.881 i 443.991
History:
APD 19-2022, amendment submitted on April 13, 2022, effective from April 15, 2022
APD 46-2021, interim change filed 10/19/2021, valid from 10/20/2021 to 4/17/2022
APD 13-2019, amendment submitted on February 14, 2019, effective February 15, 2019
APD 5-2017, f. 2-21-17, cert. ef. 2-28-17
APD 32-2016(Temperature), k. 8-30-16, cert. ef. 9-1-16 from 2-27-17
APD 34-2015(Temperatura), f. 12-31-15, cert. ef. 1-1-16 do 6-28-16
APD 42-2014, k. 12-26-14, cert. ef. 12-28-14
SPD 58-2013, k. 12-27-13, cert. ef. 12-28-13
SPD 23-2013(Temp), f. & ef. certificate 7-1-13 to 12-28-13
Reverted to SPD 5-2010, f. 6-29-10, cert. effect 7-1-10
SPD 19-2011(Temp), f. & ef. certificate 7-1-11 to 12-28-11
SPD 5-2010, f. 6-29-10, cert. ef. 7-1-10
SPD 25-2009(Temp), k. 12-31-09, cert. ef. 1-1-10 do 6-30-10
SPD 25-2004, k. 7-30-04, cert. ef. 8-1-04
SPD 25-2003, k. 12-29-03, cert. ef. 1-1-04
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FAQs
Is an Oregon Administrative Rule a law? ›
Oregon Administrative Rules Compilation (OAR) is the official compilation of rules and regulations, having the force of law in the U.S. state of Oregon. It is the regulatory and administrative corollary to Oregon Revised Statutes, and is published pursuant to ORS 183.360(3).
On which website do you look for all administrative rules in Oregon? ›Access Oregon Administrative Rules Database (OARD) Welcome to the database for the Oregon Administrative Rules. You have all the rules and filings for Oregon in one easy to search location.
What is the difference between Oregon Revised Statutes and Oregon Administrative Rules? ›The Oregon Administrative Rules (OAR) are the rules by which state agencies and subunits operate. They are the strategies that agencies use to carry out the goals established by the Oregon Revised Statutes. Unlike the ORS, OAR are not officially adopted by the Legislative Assembly.
What is the Oregon temporary administrative order? ›RULE SUMMARY: OAR 333-019-1010 helps to prevent and slow the spread of COVID-19 by requiring health care personnel and healthcare staff who work in healthcare settings to be vaccinated against COVID-19 or request a medical or religious exception.
Do administrative regulations have the force of law? ›A regulation is a rule adopted by a state regulatory agency to implement, interpret, or make specific the law enforced or administered by it, or to govern its procedure. Do regulations have the same effect as laws? Yes. Legally adopted regulations filed with the Secretary of State have the force of law.
Do administrative rules and regulations have the force of law? ›The regulations issued pursuant to this authority carry the force and effect of law and can have substantial implications for policy implementation. When issuing these regulations, agencies are required to follow a certain set of procedures prescribed in law and executive order.
Who enforces Oregon Administrative Rules? ›The Oregon Secretary of State's office compiles and publishes the entire series of Oregon Administrative Rules.
How does an administrative rule regulation differ from a statute? ›Statutes also referred to as codes, are laws written and enacted by the legislative branch of government (e.g, U.S. Congress, state legislators). Regulations also referred to as rules, are written by agencies (e.g., Environmental Protection Agency) to supplement laws that were passed by the legislature.
Are administrative laws the same as statutes? ›Statutory law and administrative law are two main types of laws created by a government. Administrative law describes how a government bureaucratic agency can operate. Most bureaucratic agencies exist in the executive branch. Statutory law, on the other hand, regulates and advises the general public.
What is the purpose of an administrative order? ›An administrative order is a legal document issued by an administrative agency such as the Environmental Protection Agency (EPA) directing an individual, business, or other entity to take corrective action or refrain from an activity.
How long can you be a temporary employee in Oregon? ›
3. Q: How long may an agency employ a temporary employee? A: Full-time temporary employees may not work more than six calendar months in a calendar year. Part-time temporary employees may not work more than 1040 hours in a calendar year.
What is Oregon Administrative Rules 213? ›Rule 213-003-0001. Definitions. As used in these rules: (1) “Bench probation” means a probationary sentence, which directs the probationer to remain under the supervision and control of the sentencing judge. (2) “Board” means the State Board of Parole and Post-Prison Supervision.
What is rule 7 in Oregon? ›(1) Notice required. Summons shall be served, either within or without this state, in any manner reasonably calculated, under all the circumstances, to apprise the defendant of the existence and pendency of the action and to afford a reasonable opportunity to appear and defend.
What is Oregon Administrative rule 411 060? ›The purpose of these rules in OAR chapter 411, division 060 is to establish requirements for Nursing Facilities, Assisted Living Facilities and Residential Care Facilities to ensure all residents, Facility Staff and Associated Staff are tested for COVID-19.
What is Oregon Administrative Rules 410 141 3825? ›(a) Any service which exceeds those that are medically appropriate and necessary to provide reasonable diagnosis and treatment; enable the OHP client to attain or retain the capability for independence or self-care; or screen for preventable disease or disease exacerbation.
What is an example of administrative regulations? ›For example, Congress has passed laws that allow disabled individuals to receive government assistance. The Social Security Administration (SSA) is the administrative agency created to implement Congress's social security and disability laws.
What is the difference between a rule and a regulation? ›A regulation is a bit more formal than a rule – it prescribes the required conduct or action exactly; Rules are also binding, but, by contrast, describe what is generally considered to be the proper course of conduct. Codes are books where statutes (laws) or regulations on similar subjects are grouped together.
What are some examples of administrative regulations law? ›Examples of administrative law include The Civil Rights Act of 1964, part of which created the Equal Employment Opportunity Commission, the environmental protection acts, which created the Environmental Protection Agency in 1970, and the Department of Transportation Act of 1966, which created the Department of ...
Do administrative regulations have a binding effect? ›The binding nature of an administrative decision is somewhat less than that of case law. However, the decisions are binding on the parties and often only persuasive elsewhere. Courts will often defer to the expertise of an agency, but they are not bound by its decision.
What are the two types of rules in administrative law? ›There are two main types of administrative law: rules and regulations and administrative decisions. Both are made by government agencies or commissions which derive their authority from Congress or a state legislature. Most of these agencies or commissions are part of the executive branch of government.
Is administrative law constitutional law? ›
Constitutional law and administrative law are the two main types of federal law. Constitutional law is any law related to the rights and responsibilities of the different branches of a government. Administrative law is any law related to the administration of a bureaucratic agency in a government.
What does Oregon have that other states don t? ›Oregon has the only U.S. state flag with different designs on each side. Escutcheon on the front and beaver on the reverse.
Who controls Oregon state Legislature? ›House members
The Oregon House of Representatives is split evenly between 30 Democrats and 30 Republicans and the parties share control of the chamber. Republicans gained six seats over the previous session.
Administrative Law Judges (ALJ) conduct administrative hearings regarding disputes involving State agencies, other governing agencies and outside parties, and render written orders setting forth the findings of fact and conclusions of law.
Can courts interpret administrative regulations? ›Despite the centrality of regulations to law, courts have no intelligible approach to regulatory interpretation.
Can a regulation override a statute? ›Laws created by agencies are called “regulations.” Regulations usually must be authorized by a statute, and are subordinate to statutes. However, they have the same legal force as statutes.
What happens when a regulation conflicts with a statute? ›If the legislature passes a law that conflicts with a court rule, the court will uphold that law if it is substantive. If, however, the law deals with procedural rules that apply in court proceedings, the court will find the statute unconstitutional on separation of powers grounds.
What are the two most important statutes in administrative law? ›The primary administrative law statutes and other laws that govern agency rule making include: The Administrative Procedure Act, 5 U.S.C. §§ 552 and 553. The Housekeeping Act, 5 U.S.C.
What is the meaning of administrative regulation? ›Administrative regulation means each statement of general applicability promulgated by an administrative body that implements, interprets, or prescribes law or policy, or describes the organization, procedure, or practice requirements of any administrative body.
What makes something an administrative law? ›Administrative law involves the administration and regulation of federal and state government agencies. Government agencies have purview over a wide variety of economic functions, such as telecommunications, the financial market, and social issues, such as instances of racial discrimination.
What are the four purposes of the administrative Procedures Act? ›
The purposes of the act were: (1) to ensure that agencies keep the public informed of their organization, procedures, and rules, (2) to provide for public participation in the rule-making process, (3) to prescribe uniform standards for the conduct of formal rule making and adjudicatory proceedings, and (4) to restate ...
What are three types of powers that constitute the administrative process? ›Usually, the agency will have all three kinds of power: executive, legislative, and judicial. (That is, the agency can set the rules that business must comply with, can investigate and prosecute those businesses, and can hold administrative hearings for violations of those rules.
How do I remove an administrative order? ›It is important to know that even once you have paid the creditors placed under administration in full, the administration order will not automatically be removed from your credit record. You still need to go to court to rescind the administration order and obtain a 74Q Rescission Court Order.
Can I waive my lunch break in Oregon? ›No. Your employee may not legally waive his rights to receive required rest and meal periods. To be in compliance, you must require your employee to take all mandated breaks, and you may even need to discipline an employee who refuses to do so.
What is the longest shift you can work in Oregon? ›A workweek does not need to be from Monday to Friday, but can't be more than 40 hours long. Oregon's overtime payment rules also vary depending on the industry, the employee's position, and pay rate. Overtime is one of the many types of Oregon Labor Laws employer must comply with.
Does Oregon have to pay out PTO? ›There is no legal requirement to offer these benefits. Your employer is required to honor any established policy or agreement relating to the payment of benefits such as accrued vacation or severance pay upon termination.
What is Oregon Administrative Rule 410 120 1340? ›Rule 410-120-1340. Payment. (1) The Division shall make payment only to the enrolled provider (see OAR 410-120-1260 (Provider Enrollment)) who actually performs the service or to the provider's enrolled billing provider for covered services rendered to eligible clients.
What is Oregon Administrative Rule 410 141 3845? ›Rule 410-141-3845. Health-Related Services. (1) The goals of health-related services (HRS) are to promote the efficient use of resources and address members' social determinants of health to improve health outcomes, alleviate health disparities, and improve overall community well-being.
What is the difference between law and administrative rules? ›Agency decisions are similar to case law, but they are generated by an agency decision-making body rather than by a state or federal court. The binding nature of an administrative decision is somewhat less than that of case law. However, the decisions are binding on the parties and often only persuasive elsewhere.
Is administrative a type of law? ›Administrative law is considered a branch of public law. Administrative law deals with the decision-making of such administrative units of government that are part of the executive branch in such areas as international trade, manufacturing, the environment, taxation, broadcasting, immigration, and transport.
What is administrative rule in law? ›
Administrative laws at the federal level are typically called rules (or regulations). Rules are promulgated to implement, interpret, or prescribe law or policy. The terms "rules" and "regulations" have the same meaning in the context of federal administrative law and are used interchangeably.
What is an example of administrative regulation? ›For example, Congress has passed laws that allow disabled individuals to receive government assistance. The Social Security Administration (SSA) is the administrative agency created to implement Congress's social security and disability laws.
What is the purpose of administrative regulations? ›The main purpose of administrative law consists of ensuring accountability for administrative agencies. By providing for judicial review of agency actions, this body of law curbs the power of the executive branch and provides transparency to the public.
Does administrative law override statutory law? ›Most bureaucratic agencies exist in the executive branch. Statutory law, on the other hand, regulates and advises the general public. The main relationship between the two types of government law is that administrative law guides bureaucratic agencies as they enforce statutory laws.
What are three examples of administrative law? ›Examples of administrative law include The Civil Rights Act of 1964, part of which created the Equal Employment Opportunity Commission, the environmental protection acts, which created the Environmental Protection Agency in 1970, and the Department of Transportation Act of 1966, which created the Department of ...
What are the 2 types of administrative law? ›There are two main types of administrative law: rules and regulations and administrative decisions. Both are made by government agencies or commissions which derive their authority from Congress or a state legislature. Most of these agencies or commissions are part of the executive branch of government.
What is the burden of proof in administrative law? ›Generally, the burden of proof in administrative hearings is preponderance of the evidence. This standard is different from the beyond a reasonable doubt standard in criminal trials. For evidence to meet this burden, it must be probative and reliable.
What does ORS stand for in Oregon law? ›Oregon Revised Statutes contain the laws enacted by the legislature and governor, or passed by a vote of the people through the initiative process.
What does administrative law protect? ›Administrative law encompasses laws and legal principles governing the administration and regulation of government agencies (both federal and state).
Where do administrative regulations come from? ›Federal administrative law derives from the President, agencies of the Executive Branch, and independent regulatory agencies. Agencies are given the authority to create administrative law through laws enacted by Congress. The law comes in the form of rules, regulations, procedures, orders, and decisions.