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Stat. Auth.: ORS 409.050 & 410.070
Stats. Implemented: ORS 427.005, 427.007, & 430.610 – 430.695
411-340-0090 Support Services Brokerage and Provider Organization
Request for Variance
(Amended 7/1/2009)
(1) Variances may be granted to a brokerage or provider organization:
(a) If the brokerage or provider organization lacks the resources
needed to implement the standards required in these rules;
(b) If implementation of the proposed alternative services, methods,
concepts, or procedures would result in services or systems that
meet or exceed the standards in these rules; or
(c) If there are other extenuating circumstances.
(2) Variances may not be granted to OAR 411-340-0130 and OAR 411-
340-0140.
(3) The brokerage or provider organization requesting a variance must
submit to SPD, in writing, an application that contains the following:
(a) The section of the rule from which the variance is sought;
(b) The reason for the proposed variance;
(c) The proposed alternative practice, service, method, concept, or
procedure;
(d) A plan and timetable for compliance with the section of the rule
from which the variance is sought; and
(e) If the variance applies to an individual's services, evidence that
the variance is consistent with an individual's currently authorized
ISP.
(4) SPD may approve or deny the variance request. SPD's decision shall
be sent to the brokerage or provider organization and to all relevant SPD
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