Current through Register Vol. 60, No. 12, December 1, 2021
(1) An MCE that fails to file a report or pay
an MCE assessment in full when due is subject to a penalty of up to $500 per
day of delinquency. The penalty accrues from the date of delinquency,
notwithstanding the date of any notice under these rules.
(2) The total amount of penalty imposed under
this section for each reporting period may not exceed five percent of the
assessment for the reporting period for which the penalty is being
In determining the
amount of the penalty, the Authority shall consider evidence, such as:
(a) The MCE's history of prior late payments
and prior penalties;
(b) The MCE's
actions to come into compliance;
(c) The occurrence of unforeseeable
circumstances against which it would have been unreasonable for the MCE to take
precautions and which the MCE cannot avoid even by using its best efforts. Such
circumstances include, but are not limited to, a natural disaster (e.g.,
earthquakes, floods, tornadoes), fires, an act of war (e.g., hostilities,
invasion, terrorism, civil disorder), or other circumstances not within the
reasonable control of the MCE;
In the case of a deficiency due to an error when the MCE files a timely
original return and pays the assessment identified in the return, the nature
and extent of the error, evidence of prior errors, and the MCE's explanation of
the circumstances related to the error.
(4) The Authority shall collect any penalties
imposed under this section and deposit the funds in the Health System
(5) Penalties paid under this
section are in addition to the MCE assessment.
(6) If the Authority determines that an MCE
is subject to a penalty under this section, the Authority shall issue a notice
of proposed action as described in OAR 410-141-3640.
(7) If an MCE requests a contested case
hearing, the Director of the Authority, at the Director's sole discretion, may
reduce the amount of penalty assessed.