may suspend a license for reasons of abuse, neglect, or exploitation of an
(a) An immediate threat to the
health, safety, or welfare of any individual exists;
(b) There is evidence of abuse, neglect, or
exploitation of any individual;
(c) The AFH-DD is not operated in compliance
with ORS 443.705 to
443.825 or the rules adopted
there under; or
(d) The provider
has been found to have been convicted of a crime that would have resulted in a
denied fitness determination of a background check.
The licensee may request an
administrative review of the decision of the Department to suspend an AFH-DD
license. The Department must receive a written request for an administrative
review within10 days from the receipt of the notice and order of suspension.
(a) Within 10 days from the receipt of the
request for an administrative review from the licensee, all material relating
to the allegation of abuse, neglect, or exploitation and the suspension of the
AFH-DD license, including any written documentation submitted by the licensee
within that timeframe, is reviewed by the Director of the Department. Based on
review of the material, the Director determines whether to sustain the decision
to suspend the AFH-DD license.
A suspension is rescinded immediately if the Director does not sustain the
decision to suspend the AFH-DD license.
(c) The decision of the Director is subject
to a hearing under ORS Chapter 183 if requested within 90 days from the date of
the decision of the administrative review.
(3) In the event the license to maintain an
AFH-DD is ordered immediately suspended, the Department withholds service
payments until the license is reinstated.
(4) For the protection of the individuals,
the Department arranges for the individuals in the AFH-DD to move when the
AFH-DD license is suspended.
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; APD 29-2014(Temp), f. & cert. ef. 7-1-14 thru
47-2014, f. 12-26-14, cert. ef.
Stat. Auth.: ORS
Stats. Implemented: ORS