Oregon Administrative Rules
Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES
Division 40 - ADULT FOSTER HOMES
Section 309-040-0415 - Administrative Sanctions

Universal Citation: OR Admin Rules 309-040-0415

Current through Register Vol. 63, No. 9, September 1, 2024

(1) The Division may attach conditions to a license in addition to or instead of imposing an administrative sanction. Conditions are described in OAR 309-040-0430.

(2) An administrative sanction includes one or more of the following actions:

(a) Civil penalties;

(b) Refusal to renew, denial, suspension or revocation of a license as set forth in OAR 309-040-0420.

(3) If the Division imposes an administrative sanction, it shall serve a Notice of Intent of the administrative sanction upon the licensee personally or by certified mail.

(4) The notice of administrative sanction shall state the following:

(a) Each sanction imposed;

(b) A short and plain statement of each circumstance, act, or omission that constitutes substantial non-compliance with the applicable rules;

(c) Each statute or rule allegedly violated;

(d) A statement of the licensee's right to a contested case hearing;

(e) A statement of the authority and jurisdiction under which the hearing is to be held;

(f) A statement that the Division files on the subject of the contested case automatically become part of the contested case record upon default for the purpose of proving a prima facie case; and

(g) A statement that the notice becomes a final order upon default if the licensee fails to request a hearing within the specified time.

(5) If an administrative sanction is imposed for reason other than abuse, neglect, or exploitation, a contested case hearing shall precede imposition if the licensee requests the hearing in writing within 60 days of service of the notice of intent to impose the administrative sanction pursuant to ORS Chapter 183.

(6) If a licensee fails to request in writing a hearing within 60 days of service of the notice, the Notice of Administrative Sanction shall become a Final Order of the Division by default.

(7) The Division may immediately suspend, revoke, or refuse to renew a license for a substantiated finding of abuse, neglect, or exploitation of an individual. The licensee may submit a written request for a contested case hearing within 60 days of the notice of immediate suspension, revocation, or refusal to renew.

(8) When a license is denied, suspended, revoked, or refused to renew, the Division and the CMHP shall work together to arrange for individuals to move for their protection, as permitted by Residents' Rights.

(9) Hearing rights are in accordance with ORS 183.411 to 183.550.

Statutory/Other Authority: ORS 413.042 & ORS 443.745

Statutes/Other Implemented: ORS 443.705 - 443.825

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