Or. Admin. R. 333-536-0117 - Informal Enforcement
(1) If
during an investigation or survey Authority staff document violations of
in-home care licensing rules or laws, the Authority may issue a statement of
deficiencies that cites the law or rule alleged to have been violated and the
facts supporting the allegation.
(2) Upon receipt of a statement of
deficiencies , an agency shall be provided an opportunity to dispute the
Authority's survey findings but must still comply with sections (3) and (4) of
this rule.
(a) If an agency desires an
informal conference to dispute the Authority 's survey findings, the agency
shall advise the Authority in writing within 10 business days after receipt of
the statement of deficiencies . The written request must include a detailed
explanation of why the agency believes the statement of deficiencies is
incorrect.
(b) An agency may not
seek a delay of any enforcement action against it on the grounds the informal
dispute resolution has not been completed.
(c) If an agency is successful in
demonstrating the deficiencies should not have been cited, the Authority shall
reissue the statement of deficiencies , removing such deficiencies and
rescinding or modifying any remedies issued for such deficiencies. The reissued
statement of deficiencies shall state that it supersedes the previous statement
of deficiencies and shall clearly identify the date of the superseded statement
of deficiencies .
(3) A
signed plan of correction must be mailed to the Authority within 10 business
days from the date the statement of deficiencies was received by the agency. A
signed plan of correction will not be used by the Authority as an admission of
the violations alleged in the statement of deficiencies .
(4) An agency shall correct all deficiencies
within 60 days from the date of the exit conference, unless an extension of
time is requested from the Authority . A request for such an extension shall be
submitted in writing and must accompany the plan of correction.
(5) The Authority shall determine if a
written plan of correction is acceptable. If the plan of correction is not
acceptable to the Authority , the Authority shall notify the agency owner or
administrator in writing:
(a) Identifying
which provisions in the plan the Authority finds unacceptable;
(b) Citing the reasons the Authority finds
the provisions unacceptable; and
(c) Requesting that the plan of correction be
modified and resubmitted no later than 10 business days from the date
notification of non-compliance was received by the agency owner or
administrator .
(6) If
the agency does not come into compliance by the date of correction reflected on
the plan of correction or 60 days from the date of the exit conference,
whichever is sooner, the Authority may propose to deny, suspend or revoke the
agency license or impose civil penalties.
Notes
Statutory/Other
Statutes/Other Implemented: ORS 443.315, 443.325 & 443.340
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