Or. Admin. R. 411-067-0090 - Complaints, Investigations and Remedies
(1) INVESTIGATIONS REQUIRED. The Division
shall investigate all complaints made regarding violations of the CCRC Act,
these rules, or orders adopted under the Act.
(a) Division staff or representatives of the
Division shall carry out investigations as soon as practicable.
(b) The Division may interview pertinent
witnesses including employees of the provider and review the provider's
documents and records.
(c) Except
as prohibited by the Elderly Persons and Persons with Disabilities Abuse
Prevention Act, ORS chapter 124, the Division shall notify the provider within
seven working days of any complaint and the provider shall be given an
opportunity to respond.
(d) The
provider must make the documents and records requested under subsection (b) of
this section available to the Division for review and copying.
(e) The provider is responsible for
violations of the Act, these rules, or orders adopted under the Act committed
by the provider's employees, subcontractors, or agents.
(2) INTERVENTION BYTHE DIVISION:
(a) The Division may issue a cease and desist
order or revoke a provider's certificate of registration if, after notice and
an opportunity for a contested case hearing pursuant to ORS chapter 183, the
Division finds the provider guilty of violating any provision of the Act, these
rules, or orders adopted under the Act.
(b) The Division may issue a cease and desist
order or apply for injunctive relief or a temporary restraining order if it
appears a person has engaged, or is about to engage, in an act or practice that
constitutes a violation of any provision of the Act, these rules, or orders
adopted under the Act.
(c) The
Division may issue a cease and desist order for a violation of the Act, these
rules, or orders adopted under the Act committed by the provider's employees,
subcontractors, or agents. The order shall be issued to the provider and, when
deemed appropriate by the Division, to the persons who violated the Act, these
rules, or orders adopted under the Act.
(3) RETALIATION PROHIBITED. The provider may
not take any retaliatory action against any complainant, including but not
limited to the management, staff, and residents of the provider's CCRC
facilities.
Notes
Stat. Auth.: ORS 101.150 & 410.090
Stats. Implemented: ORS 101.110 & 101.120
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