Or. Admin. R. 309-040-0440 - Civil Penalties
(1)
Civil penalties for other than substantiated allegations of abuse shall not
exceed $100 per violation with a maximum of $250 and may be assessed for
violation of these rules with the exception of substantiated abuse
findings.
(2) Civil penalties of a
maximum of $1000 per occurrence may be assessed for each substantiated abuse
finding.
(3) In addition to any
other liability or penalty, the Division may impose a penalty for any of the
following:
(a) Operating an AFH without a
license;
(b) Exceeding the number
of residents identified on the license;
(c) The provider fails to achieve
satisfactory compliance with the requirements of these rules within the time
specified or fails to maintain such compliance;
(d) The AFH is unable to provide an adequate
level of care to individuals;
(e)
There is retaliation or discrimination against an individual, the individual's
representative, family, employee, or any other person for making a complaint
against the AFH;
(f) The provider
fails to cooperate with the Division, physician, registered nurse, or other
health care professional in carrying out an individual's care plan; or
(g) Other violations are found on
two consecutive inspections of an AFH after a reasonable amount of time has
been allowed for the elimination of the violations.
(4) Any civil penalty imposed under this
section shall become due and payable when the provider incurring the penalty
receives a notice in writing from the Division. The notice shall be sent by
registered or certified mail and includes the following:
(a) A reference to the particular sections of
the statute, rule, standard, or order involved;
(b) A short and plain statement of the matter
asserted or charged;
(c) A
statement of the amount of the penalty or penalties imposed; and
(d) A statement of the right to request a
hearing.
(5) The provider
to whom the notice is addressed shall have 60 days from the date of the notice
of intent in which to make written application for a hearing.
(6) All hearings shall be conducted according
to the applicable provisions of ORS Chapter 183.
Notes
Stat. Auth.: ORS 413.042
Stats. Implemented: ORS 443.705 - 443.825
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