Or. Admin. R. 411-067-0010 - Registration Required
(1) Providers
who operate a CCRC must register with the Division.
(2) If a provider operates more than one CCRC
facility, each facility must be registered with the Division and separately
listed on the disclosure statement.
(3) No entity shall claim to be a CCRC in
Oregon without being registered pursuant to these rules.
(4) A new CCRC provider must register with
the Division before:
(a) Entering into a
residency agreement with a nonresident;
(b) Soliciting either a prospective resident
or nonresident to pay an application fee or execute a residency agreement;
or
(c) Collecting an entrance
fee.
(5) The provider
must apply for registration with the Division on forms prescribed by the
Division as described in OAR 411-067-0020. The application must include a
disclosure statement as described in OAR 411-067-0050.
(6) The Division shall issue a notice of
filing to the applicant within 10 business days after receipt of the completed
application for registration of a new CCRC and the initial registration
fee.
(7) The Division shall enter
an order registering the provider or rejecting the registration within 60 days
of the notice of filing. If no order of rejection is entered within 60 days
from the date of notice of filing, the provider shall be considered registered
unless the provider and the Division agree in writing to an extension of time.
If no order of rejection is entered within the time period as so extended, the
provider shall be considered registered.
(8) The Division shall enter an order
registering the provider if the Division determines that the requirements of
these rules and ORS chapter 101 have been met.
(9) The Division shall notify the applicant
that the application for registration must be corrected within 30 days if the
Division determines that any of the requirements of these rules and ORS chapter
101 have not been met.
(a) The Division may
enter an order rejecting the registration if the applicant does not meet the
requirements within 30 days. The order shall include the findings of fact upon
which the order is based and which may not become effective until 20 days after
the end of the foregoing 30-day period.
(b) During the 20-day period, the applicant
may petition for reconsideration and request a contested case hearing pursuant
to ORS chapter 183.
(c) If a
contested case hearing has been requested, an order of rejection may not take
effect, in any event, until a decision is rendered by the administrative law
judge that sustains the Division's decision to reject the
registration.
Notes
Stat. Auth.: ORS 101.150 & 410.090
Stats. Implemented: ORS 101.030
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