(1) If an inspection or investigation results
in a violation of these rules other than abuse, the Department notifies the
provider in writing of violations of these rules.
The notice of violation includes the
(a) A description of each conduct
or condition that constitutes a violation;
(b) Each rule that has been violated; and
A specific timeframe for
correction, not to exceed 30 calendar days after receipt of the notice of
(A) The Department may approve a
reasonable timeframe in excess of 30 calendar days if correction of the
violation within that timeframe is not practical.
(B) If the licensee requests more than 30
calendar days to correct the violation, such time must be specified in the
licensee's plan of correction and must be found acceptable by the Department.
provider must notify the Department in writing of the correction of violations
no later than the date specified in the notice of violation.
(4) The Department may conduct a
re-inspection of the AFH-DD after the date the Department receives the report
of compliance or after the date by which violations must be corrected as
specified in the notice of violation.
(5) For violations that present an imminent
danger to the health, safety, or welfare of individuals, the licensee must
correct the violations and abate the conditions no later than 24 hours after
receipt of the notice of violation. The Department inspects the AFH-DD after
the 24-hour period to determine if the violations are corrected as specified in
the notice of violation.
individuals are in immediate danger, the AFH-DD license may be suspended
immediately and arrangements made to move the individuals.
If, after inspection of the AFH-DD, the
violations have not been corrected by the date specified in the notice of
violation or if the Department has not received a report of compliance, the
Department may institute one or more of the following actions:
(a) Imposition of an administrative sanction;
(b) Filing of a criminal
Or. Admin. R.
SPD 3-2005, f. 1-10-05,
cert. ef. 2-1-05; SPD 13-2010, f. 6-30-10, cert. ef. 7-1-10; SPD 34-2013, f.
& cert. ef. 9-27-13
Stat. Auth.: ORS
Stats. Implemented: ORS