Or. Admin. R. 309-040-0405 - Procedures for Correction of Violations

(1) At any time after receipt of a notice of violations or an inspection report, the licensee or the Division may request a conference in writing. The conference shall be scheduled within ten days of a request by either party. The purpose of the conference is to discuss the violations stated in the notice of violation and to provide information to the licensee to assist the licensee in complying with the requirements of the rules. The written request by a licensee or the Division for a conference may not extend any previously established time limit for correction.

(2) The licensee shall notify the Division of correction of violations in writing no later than the date specified in the notice of violation.

(3) If, after inspection of the AFH, the violations have not been corrected by the date specified in the notice of violation or if the Division has not received a report of compliance, the Division may institute one or more of the following actions:

(a) Imposition of an administrative sanction that may include revocation, suspension, or refusal to renew a license as deemed appropriate by the Division;

(b) Placement of conditions on the license as deemed appropriate by the Division; or

(c) Filing of a criminal complaint.

(4) If an individual is in serious and immediate danger, the Division may institute one or more of the following actions:

(a) If there is reliable evidence of abuse, neglect or exploitation, the license may be immediately suspended or revoked and arrangements made to move the individual pursuant to OAR 309-040-0425.

(b) The Division may order the removal of the individual pursuant to OAR 309-040-0425; or

(c) Placement of conditions on the license as deemed appropriate by the Division.

Notes

Or. Admin. R. 309-040-0405

MHD 19-1985(Temp), f. & ef. 12-27-85; MHD 6-1986, f. & ef. 7-2-86; MHD 1-1992, f. & cert. ef. 1-7-92 (and corrected 1-31-92 ); MHD 6-1999, f. 8-24-99, cert. ef. 8-26-99; Renumbered from 309-040-0070, MHD 3-2005, f. & cert. ef. 4-1-05; MHS 9-2017, f. 6-29-17, cert. ef. 7/1/2017; MHS 12-2017, temporary amend filed 10/03/2017, effective 10/03/2017 through 03/30/2018; BHS 6-2018, amend filed 03/21/2018, effective 3/30/2018

Statutory/Other Authority: ORS 413.042 & ORS 443.745

Statutes/Other Implemented: ORS 443.705 - 443.825