Or. Admin. Code § 409-065-0025 - Data Submission Compliance and Enforcement
(1) Unless the Authority approves a waiver
submitted pursuant to OAR
409-065-0020, a mandatory
reporter fails to comply with general data submission requirements under OAR
409-065-0015 when a mandatory
reporter:
(a) Fails to submit data files by
the specified submission date, or
(b) Fails to submit data files for a required
line of business.
(2)
Unless the Authority approves a waiver submitted pursuant to OAR
409-065-0020, a mandatory
reporter fails to comply with data file requirements when a mandatory reporter:
(a) Submits a data file in an unapproved
layout;
(b) Submits a data element
in an unapproved format;
(c)
Submits a data element with unapproved coding;
(d) Fails to submit a required data element;
or
(e) Fails to comply with
validation and quality control efforts, including resubmitting or correcting
data in a timely fashion as requested by the Authority.
(3) The Authority must issue a notice of
noncompliance to mandatory reporters before imposing a civil penalty in
accordance with section (4) of this rule. Mandatory reporters must come into
compliance within 30 calendar days from the date the Authority issues its
notice of noncompliance.
(4) The
Authority may impose a civil penalty on a mandatory provider for a violation of
this rule if the mandatory reporter does not come into compliance as required
under section (3) of this rule. Pursuant to ORS
442.993, the Authority adopts
the following schedule of civil penalties:
(a)
Up to $500 per day starting from the data of the notice in section (3) of this
rule for each violation of OAR
409-065-0025(1)(a) through
(b);
(b) Up to $400 per day starting from the data
of the notice in section (3) of this rule for each violation of OAR
409-065-0025(2)(a) through
(e).
(5) Civil penalties must be imposed in the
manner provided in ORS
183.745.
Notes
Statutory/Other Authority: ORS 442.386 & 442.993
Statutes/Other Implemented: ORS 442.385, 442.386 & 442.993
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