Current through Register Vol. 63, No. 9, September 1, 2024
(1) The
Division may impose an immediate suspension order as described in section (2)
or may issue a notice of intent to suspend as described in section
(3).
(2) Immediate suspension
orders take effect prior to the opportunity for a hearing. The provider has the
opportunity to request a hearing after the immediate suspension order takes
effect:
(a) For all licenses under these
rules, if the Division finds that the health, safety, or welfare of the public
are seriously endangered by continued operation of a treatment or prevention
program and sets forth specific reasons for its findings, immediate suspension
of a license may be ordered. The provider may request a hearing to contest the
immediate suspension order. Requests for a hearing must be received by the
Division within 90 days from the date the suspension order was served on the
provider personally or was mailed by certified or registered mail. If the
provider requests a hearing, the hearing shall be held as soon as
practicable;
(b) For licenses
issued under ORS
443.400-443-465,
the Division may also order an immediate suspension if the Division finds that
there is imminent danger to the health or safety of the residents, pending a
fair hearing not later than the 10th day after such suspension pursuant to ORS
443.440.
(3) When the Division issues a notice of
intent to suspend, the provider has the opportunity to request a hearing prior
to the Division ordering the suspension. The Division may issue a notice of
intent to suspend a license for any of the following reasons:
(a) Violation by the program, its director,
or staff of any rule promulgated by the Division;
(b) Permitting, aiding or abetting the
commitment of an unlawful act within the facilities maintained by the program,
or permitting, aiding or abetting the commitment of an unlawful act involving
chemical substances within the program;
(c) Conduct or practices found by the
Division to be detrimental to the general health or welfare of one or more
individuals in the program; or
(d)
Deviation by the program from the plan of operation originally approved or
licensed that in the judgment of the Division adversely affects the character,
quality, or scope of services intended to be provided to individuals within the
program.
Statutory/Other Authority: ORS
413.042 & ORS
430.256
Statutes/Other Implemented: ORS
430.010-430.030, ORS
430.306, ORS
430.397,
ORS
430.405,
ORS
430.450,
ORS
430.630,
ORS
430.850 & ORS
443.400-443.465
