Or. Admin. R. 411-340-0190 - Civil Penalties
(1)
COVID-19.
(a) A Brokerage must implement all
directives related to staffing and operation of the Brokerage to reduce the
spread of the Coronavirus (COVID-19) issued through any of the following:
(A) Governor's Executive Order.
(B) Written guidance to the Brokerage from
the Local Public Health Authority, Tribe, or the Oregon Health Authority Public
Health Division .
(C) Department
transmittals.
(b) If
paragraphs (A), (B), or (C) of subsection (a) are in conflict, (A) takes
precedence over (B) or (C) and (B) takes precedence over (C).
(2) The Department may impose a
civil penalty under ORS
427.900
on a Brokerage for a violation of section (1) of this rule.
(3) In considering whether to impose a civil
penalty and the size of the civil penalty, the Department shall consider all of
the following:
(a) The past history of the
Brokerage incurring a civil penalty in taking all reasonable steps or
procedures necessary or appropriate to correct any violation.
(b) Any prior violations of statutes or rules
pertaining to the Brokerage .
(c)
The immediacy and extent to which a violation threatens or threatened the
health, safety, and welfare of individuals.
(4) Unless otherwise specified in rule, the
amount of a civil penalty may not exceed $500 for each violation.
(5) When a Brokerage receives notification
from the Department of a violation for which a civil penalty or other liability
may be imposed, the Brokerage must take action to immediately eliminate the
violation.
(6) The Department shall
provide the Director of the Brokerage written notice of the imposition of a
civil penalty consistent with ORS
183.415
including all of the following:
(a) A
statement of the Brokerage 's right to a hearing, with a description of the
procedure and timeframe to request a hearing, or a statement of the time and
place of the hearing.
(b) A
statement of the authority and jurisdiction under which the hearing is to be
held.
(c) A reference to the
specific sections of the statutes and rules involved.
(d) A short and plain statement of the
matters asserted or charged.
(e) A
statement indicating whether and under what circumstances an order by default
may be entered.
(f) A statement
that active duty servicemembers have a right to stay proceedings under the
federal Servicemembers Civil Relief Act and may contact the Oregon State Bar or
the Oregon Military Department for more information. The statement must include
the toll-free telephone numbers for the Oregon State Bar and the Oregon
Military Department and the Internet address for the United States Armed Forces
Legal Assistance Legal Services Locator website.
(7) The Brokerage Director, or their
designee, has 20 calendar days from the receipt of the notice of civil penalty
in which to make a written application for a hearing before the
Department .
(8) If the Brokerage
fails to request a hearing within 20 calendar days, a final order may be
entered by the Department assessing a civil penalty.
(9) All hearings are conducted pursuant to
the applicable provisions of ORS chapter 183.
(10) If, after a hearing, the Brokerage is
found to be in violation of section (1) of this rule, an order may be entered
by the Department assessing a civil penalty.
(11) If the order is not appealed, the amount
of the civil penalty is payable within 10 calendar days after the order is
entered. If the order is appealed and is sustained, the amount of the civil
penalty is payable within 10 calendar days after the court decision. The order,
if not appealed or sustained on appeal, constitutes a judgment and may be filed
in accordance with the provisions of ORS
183.745.
Execution may be issued upon the order in the same manner as execution upon a
judgment of a court of record.
(12)
Judicial review of civil penalties imposed under ORS
427.900
are provided under ORS
183.480,
except that the court may, in its discretion, reduce the amount of the civil
penalty.
(13) Unless otherwise
directed by statute, all civil penalties recovered under ORS
427.900
are paid into the State Treasury and shall be deposited to the Department of
Human Services Account established under ORS
409.060
and may be used by the division of the Department that provides developmental
disabilities services for system improvements and the implementation of
policies.
Notes
Statutory/Other Authority: ORS 409.050, 427.104, 427.154, 427.900 & 430.662
Statutes/Other Implemented: ORS 183.745, 409.010, 427.007, 427.104, 427.154, 427.163, 427.900, 430.215, 430.610, 430.620, 430.662 & 430.664
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