Or. Admin. Code § 410-141-5380 - CIVIL PENALTIES
(1) The
Director of the Oregon Health Authority may impose a civil penalty for
violations of OAR 410-141-5000 to
410-141-5380 or any final order
of the Authority entered under any of OAR
410-141-5000 to
410-141-5380, in an amount
determined by the Authority that shall not exceed $10,000 for each offense.
Each violation is a separate offense.
(2) In addition to the civil penalty
specified in subsections (1), (3) and (4) of this section, the Director of the
Authority may require a person that violates any provision of OAR
410-141-5000 to
410-141-5380 or any final order
of the Authority entered under any of OAR
410-141-5000 to
410-141-5380, to forfeit and pay
a civil penalty in an amount determined by the Authority that shall not exceed
the amount by which the person profited by or through or as a result of such
violation.
(3) In addition to the
penalties specified in subsection (1), (2) and (4) of this section, the
Director of the Authority may impose on a director or officer of a CCO or any
affiliate within a CCO's holding company system who engages in a transaction or
makes an investment that has not been properly reported under, or that
otherwise does not comply with OAR
410-141-5360 to
410-141-5375, who knowingly
participates in or assents to the transaction or investment, or who permits
another officer or an agent of the holding company system to engage in the
transaction or make the investment, in the director or officer's individual
capacity, a civil penalty in an amount determined by the Authority that shall
not exceed $10,000.
(4) In addition
to the penalties specified in subsections (1), (2) and (3) of this section, the
Director of the Authority may impose a civil penalty on a CCO or other person
that fails to make a required filing or demonstrate a good faith effort to
comply with a filing requirement under OAR
410-141-5285 to OAR
410-141-5355 in an amount
determined by the Authority that does not exceed $50,000.
(5) Civil penalties under this section shall
be imposed and enforced in accordance with ORS
183.745.
(6) The provisions of this section are in
addition to and not in lieu of, any other enforcement provisions imposed by
law, including ORS Chapter 415, OAR Chapter 410, Division 141, or in the CCO
Contract.
(7) Moneys received by
the Authority under this section shall be paid to the State Treasury and
credited to the General Fund.
Notes
Statutory/Other Authority: ORS 413.042, 414.572, 414.591, 414.605, 415.063 & 415.109
Statutes/Other Implemented: ORS 414.570-414.686 & 415.001-415.430
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