Or. Admin. Code § 309-040-0420 - Denial, Suspension, Revocation, or Refusal to Renew
(1) The Division must deny, revoke, or refuse
to renew a license where it finds any of the following:
(a) There has been substantial non-compliance
with these rules;
(b) There is
substantial non-compliance with local codes and ordinances or any other state
or federal law or rule applicable to the health and safety of residents in an
AFH; or
(c) A background check
conducted by ODHS determined the applicant or provider is not
approved;
(d) The provider allows a
caregiver or any other person, excluding residents, who has been convicted of
potentially disqualifying crimes and has been denied, or refused to cooperate
with the Division, to reside or work in the AFH;
(e) The applicant or provider falsely
represents they have not been convicted of a crime; or
(f) The Division has received notice from the
Department of Revenue in accordance with ORS
305.385.
(g) The applicant or provider has had a
certificate or license to operate a foster home, assisted living facility, or
residential care facility denied, suspended, revoked, or refused to be renewed
in this or any other state within three years preceding the present action if
the denial, suspension, revocation, or refusal to renew was due in any part to:
(A) Abuse, creating a threat to the health,
safety, or well-being of residents; or
(B) Failure of the applicant or provider to
possess the physical health, mental health, or good judgement or character
deemed necessary by the division;
(h) The applicant or provider, including a
board member or officer, has had a certificate or license to operate a foster
home, assisted living facility or residential care facility denied, suspended,
revoked, or refusal to be renewed in this or any other state more than three
years from the present action, the applicant or provider is required to
demonstrate to the Division by clear and convincing evidence, the applicant or
provider:
(A) Does not pose a threat to
resident; and
(B) Posses the
ability and fitness to operate an AFH in substantial compliance.
(i) The applicant or provider is
associated with a person whose license for a foster home, assisted living
facility, or residential care facility was denied, suspended, revoked, or
refused to be renewed due to:
(A) Abuse or
neglect, creating a threat to the health, safety, or well-being of residents;
or
(B) Failure to possess physical
health, mental health, or good judgement or character within three years
preceding the present action, unless the applicant or provider can demonstrate
to the Division by clear and convincing evidence that the person does not pose
a threat to the residents;
(j) For purposes of this subsection, an
applicant or provider is "associated with" a person as described above, if the
applicant or provider:
(A) Resides with the
person;
(B) Employs the person in
the AFH;
(C) Receives financial
backing from the person for the benefit of the AFH;
(D) Receives managerial assistance from the
person for the benefit of the AFH; or
(E) Allows the person to have access to the
AFH; or
(F) Rents or leases the AFH
from the person.
(k) For
purposes of this section only, "present action" means the date of the notice of
denial, suspension, revocation, or refusal to renew.
(2) The Division may deny, suspend, revoke,
or refuse to renew an AFH license if the applicant or provider:
(a) Submits fraudulent or untrue information
to the Division;
(b) Has a history
of or demonstrates financial insolvency, such as bankruptcy, foreclosure,
eviction due to failure to pay rent, or termination of utility services due to
failure to pay bills;
(c) Has
threatened the health, safety, or well-being of any resident;
(d) Has abused a resident;
(e) Has a medical or psychiatric problem,
which interferes with the ability to provide care;
(f) Refuses to allow access and
inspection;
(g) Fails to comply
with a final order of the Division to correct a violation of the rules for
which an administrative sanction has been imposed;
(h) Fails to comply with a final order of the
Division imposing an administrative sanction;
(i) Fails to report knowledge of the illegal
actions of or disclose the known criminal history of a provider, resident
manager, substitute caregiver, or volunteer of the AFH.
(j) Interferes with a person who has made a
good faith disclosure of information concerning the abuse or neglect of a
resident receiving care and services in a licensed or certified
facility;
(k) Has previously been
cited for the operation of an unlicensed AFH
(l) Has previously surrendered a license or
certificate while under investigation or administrative sanction during the
last three years; or
(m) Fails to
operate the AFH or any other facility in substantial compliance.
(3) The provider may request a
hearing in writing within 21 calendar days after the date the notice was
personally served or mailed. If the provider fails to request a hearing in
writing, or the request is not timely, the notice will become a final order of
the Division by default.
(4) In
addition to, or in-lieu of, a contested case hearing, a provider may request an
informal conference with the Division to discuss the administrative action. The
informal conference does not diminish the provider's right to a hearing. A
request for informal conference does not delay, extend, or otherwise affect the
21 days allowed to request a hearing.
(5) A license subject to revocation or
non-renewal remains valid during the administrative hearing process even if the
hearing and final order are not issued after the expiration date of the license
when a complete renewal application and fee has been submitted to the Division
prior to the expiration of the current license.
Notes
Statutory/Other Authority: ORS 413.042 & ORS 443.745
Statutes/Other Implemented: ORS 443.705 - 443.825
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