Or. Admin. Code § 411-052-0035 - Sanctions - Denial, Revocation, or Non-Renewal of License
(1) The Department shall deny, revoke, or
refuse to renew a license where the Department finds:
(a) There has been substantial non-compliance
with these rules or where 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 caring for residents in an AFH.
(b) The Department has conducted a background
check and determined the applicant or licensee is not approved in accordance
with OAR 411-049-0120.
(c) The licensee allows a caregiver, or any
other person, excluding the residents, to reside or work in the AFH, who has
been convicted of potentially disqualifying crimes, and has been denied, or
refused to cooperate with the Department in accordance with OAR
411-049-0120.
(d) The applicant or licensee falsely
represents that he or she has not been convicted of a crime.
(2) The Department shall deny,
revoke, or refuse to renew a license where the Department has received notice
from the Department of Revenue in accordance with ORS
305.385.
(3) The Department may deny, revoke, or
refuse to renew an AFH license if the applicant or licensee:
(a) Submits incomplete or untrue information
to the Department.
(b) Has a
history of, or demonstrates financial insolvency, such as foreclosure, eviction
due to failure to pay rent, or termination of utility services due to failure
to pay bills.
(c) Has a prior
denial, suspension, revocation, or refusal to renew a certificate or license to
operate a foster home or residential care facility in this or any other state
or county.
(d) Is associated with a
person whose license for a foster home or residential care facility was denied,
suspended, revoked, or refused to be renewed due to abuse or neglect of the
residents, creating a threat to the residents, or failure to possess physical
health, mental health, or good personal character within three years preceding
the present action, unless the applicant or licensee is able to demonstrate to
the Department by clear and convincing evidence that the person does not pose a
threat to the residents. For purposes of this subsection, an applicant or
licensee is "associated with" a person if the applicant or licensee:
(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.
(E) Allows the person to have access to the
AFH.
(F) Rents or leases the AFH
from the person.
(e) Has
threatened the health, safety, or welfare of any resident.
(f) Has abused, neglected, or exploited any
resident.
(g) Has interfered with
an individual who has made a good faith disclosure of information concerning
the abuse or mistreatment of a resident receiving care and services in an adult
foster home.
(h) Has a medical or
psychiatric problem that interferes with the ability to provide care and
services.
(i) Has previously been
cited for the operation of an unlicensed AFH.
(j) Does not possess the good judgment or
character deemed necessary by the Department.
(k) Fails to correct a violation within the
specified time frame.
(l) Refuses
to allow access and inspection.
(m)
Fails to comply with a final order of the Department to correct a violation of
the rules for which an administrative sanction has been imposed, such as a
license condition.
(n) Fails to
comply with a final order of the Department imposing an administrative
sanction, including the imposition of a civil penalty.
(o) Fails to take or pass the Department's
Ensuring Quality Care course and examination.
(p) Fails to obtain an approved background
check for subject individuals according to OAR
411-049-0120 on more than one
occasion.
(q) Has previously
surrendered a license while under investigation or administrative sanction
during the last three years.
(r) Is
not currently or has not previously been in compliance with employment or tax
laws.
(s) Fails to operate the home
or any other facility in substantial compliance with ORS
443.705 to
443.825.
(4) If the Department issues a notice of
revocation for the reason of abuse, neglect, or exploitation of a resident, the
licensee may request a review in writing within 10 calendar days from the date
the notice of revocation was mailed. If a request is made, the Department must
review all material relating to the allegation of abuse, neglect, or
exploitation and the revocation within 10 calendar days. The Department shall
determine, based on a review of the material, whether to sustain the decision.
If the Department does not sustain the decision, the license shall be restored
immediately. The decision of the Department is subject to a contested case
hearing under ORS 183.
(5) If a
license is revoked or not renewed, the licensee is entitled to a contested case
hearing preceding the effective date of the revocation or non-renewal if the
licensee requests a hearing in writing within 21 calendar days from the date
the notice is mailed. If no written request for a hearing is timely received,
the Department shall issue the final order by default. The Department may
designate its file as the record for purposes of default.
(6) A license subject to revocation or
non-renewal remains valid during an administrative hearings process even if the
hearing and final order are not issued after the expiration date of the
license.
(7) If a license is denied
or not renewed for any reason other than the results of a test or inspection,
the applicant is entitled to a hearing if the applicant requests a hearing in
writing within 60 calendar days from the date the notice was mailed. If no
written request for a hearing is timely received, the Department shall issue a
final order by default. The Department may designate its file as the record for
purposes of default.
(8) If a
license is revoked or not renewed, the Department may arrange for residents to
move for their protection.
Notes
Statutory/Other Authority: ORS 409.050, 410.070, 413.085, 430.735, 443.001, 443.004, 443.725, 443.730, 443.735, 443.738, 443.742, 443.760, 443.767, 443.775 & 443.790
Statutes/Other Implemented: ORS 124.050, 124.060, 124.075, 409.050, 410.070, 413.085, 443.001 - 443.004, 443.705 - 443.825, 443.875 & 443.991
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