Or. Admin. Code § 419-400-0280 - Licensing Umbrella Rules: Denial, Suspension, or Revocation of License and Placing Conditions on a License
(1) The Department may suspend, revoke, or
place conditions on the child-caring agency's license, certificate, or other
authorization in the following circumstances:
(a) The child-caring agency
is not in full compliance with the requirements of OAR
419-400-0010(5)
or other applicable requirement in OAR chapter 419, division 400.
(b) The Department finds, after investigation
by the Department or law enforcement, that abuses, deficiencies, violations, or
failures to comply are founded.
(c)
The child-caring agency, or the owner or operator of the
child-caring agency including proctor foster homes, interfered
with or hindered an investigation of abuse of a child in care,
including, but not limited to, intimidation of witnesses, falsification of
records, or denial or limitation of interviews with the child in
care who is the subject of the investigation or the
witnesses.
(2)
Conditions placed on a license under section (1) of this rule include, but are
not limited to, the following:
(a) Placing
full or partial restrictions on admission of children;
(b) Temporary suspension;
(c) Limitation of operations subject to an
intent to revoke; and
(d)
Limitation of operations subject to correction of violations as specified in a
plan of correction imposed by the Department.
(3) The Department may immediately deny,
suspend, revoke, or place conditions on the child-caring agency's license in
the following circumstances:
(a) The
child-caring agency failed to permit an inspection of premises
or of the books and records of the child-caring
agency.
(b) The
child-caring agency failed to make corrections within 45 days
from the effective date of the plan of correction under OAR
419-400-0260.
(c) The Department determines at any time
during or after an investigation that the abuses, deficiencies, violations or
failures to comply are or threaten a serious danger to any child or to the
public, or place a child in care at risk with respect to the
child in care's health, safety, or welfare.
(4) The Department will deny issuance or
renewal of a license, certificate, or other authorization to a
child-caring agency if the child-caring
agency is not or will not be in full compliance with all of the
standards, procedures, and protocols in OAR
419-400-0010(5)
or other applicable requirement in OAR chapter 419, division 400.
(5) The Department may deny issuance or
renewal, suspend, revoke, or place conditions on a license, certificate or
other authorization if the Department becomes aware that a child caring
agency, or the owner or operator of the child-caring
agency, has been found by other state or federal entities to have
engaged in financial, civil, or criminal misconduct.
(6) The Department will take immediate steps
to suspend or revoke the license of a child-caring agency if
any of the following circumstances are found to exist:
(a) There has been the death of a
child in care as a result of abuse or neglect on the part of
the child-caring agency or any of the child-caring agency's
employees or agents;
(b) There has
been sexual or physical abuse or neglect of a child in care in
the child-caring agency's care or custody that was known to the
child-caring agency, and the child-caring
agency did not take immediate steps to report the abuse or neglect and
to ensure the child in care's safety;
(c) The child-caring agency
failed to cooperate fully with any local, state or federal regulatory entity's
investigation of the child-caring agency or the child-caring
agency's operations or employees; or
(d) The child-caring agency
failed to provide financial statements as required under these rules and ORS
418.255.
(7) A suspension or revocation issued under
section (6) of this rule may not be rescinded by the Department except as
provided in ORS 418.240(3).
(8) If a child-caring agency
operates more than one program or facility,
the Department has the option to suspend, revoke, or deny the license only as
it applies to the program or facility out of
compliance with applicable statutes or rules.
(9) To request a contested case hearing, as
provided in ORS chapter 183, the child-caring agency must
provide the Department's Licensing Unit a timely written request for a hearing.
If there is no timely written request for a hearing, the child-caring
agency has waived the right to a hearing, except as provided in OAR
137-003-0528(1).
(10) To be timely, a hearing request under
section (9) of this rule must be received or postmarked within the following
applicable deadline as counted from the date that the Department mailed the
notice of denial, suspension, or revocation:
(a) 90 days when the Department previously
found a serious danger to the public health or safety and suspended or refused
to renew a license with an effective date prior to hearing; or
(b) 30 days when subsection (a) of this
section does not apply.
(11) Except for a child-caring
agency that retains a facility with an active license
under subsection (8) of this rule, if the Department revokes a license, the
child-caring agency may not apply under any name for licensure
under this chapter of rules for the three years following the effective date of
revocation.
Notes
Statutory/Other Authority: ORS 409.050, ORS 418.240 & ORS 418.005
Statutes/Other Implemented: ORS 418.205 - 418.327
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