Oregon Administrative Rules
Chapter 419 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY
Division 300 - REFERRAL AGENTS FOR PROGRAMS
Section 419-300-0110 - Administrative Sanctions and Civil Penalties
Universal Citation: OR Admin Rules 419-300-0110
Current through Register Vol. 63, No. 9, September 1, 2024
The Department may impose an administrative sanction or a civil penalty against a referral agent for noncompliance with these rules (OAR 419-300-0000 - 419-300-0100), as follows:
(1) ADMINISTRATIVE SANCTIONS: The Department may deny, suspend, revoke, or refuse to renew a registration when the Department finds:
(a) There has been
substantial failure to comply with these rules or where there is substantial
noncompliance with local codes and ordinances or any other state or federal law
or rule applicable to rights of clients receiving the services under these
rules.
(b) The application or
renewal for the Certificate of Registration contains fraudulent information or
material misrepresentations.
(c)
The referral agent fails to comply with a final order of the Department to
correct a violation of these rules for which a licensing action or
administrative sanction has been imposed; or
(d) The referral agent fails to comply with a
final order of the Department imposing a licensing action or administrative
sanction.
(e) The referral agent
has been determined to have a potential disqualifying conviction or potential
disqualifying condition under OAR 407-007-0041 and after a final fitness
determination was denied under OAR 407-007-0320.
(f) The referral agent has an incomplete
fitness determination or a final fitness determination of denied in accordance
with the "Background Checks for Providers" rules, OAR 407-007-0200 to
407-007-0370, without a subsequent background check approval for the position
of referral agent.
(2) CIVIL PENALTIES
(a) The Department may impose
the following Civil Penalty for violation of registration:
(A) $750 when a referral agent refers a
client to a "program" and the referral agent is not registered with the
Department. If the referral agent knowingly fails to apply for registration,
then this civil penalty may increase on the following schedule, up
to:
(B) $1,500, after failing to
apply for registration within 30 calendar days of notice of
non-compliance.
(C) $3,000, after
failing to register within 60 calendar days of notice of
non-compliance.
(D) $6,000, after
failing to register within 90 calendar days of notice of
non-compliance.
(E) $10,000, after
failing to register within 120 or more calendar days of notice of
non-compliance.
(b) The
Department may impose a civil penalty not to exceed $500 for each violation,
unless otherwise required by law, on any referral agent who violates any
section of OAR 419-300-0000 through 419-300-0100.
(c) The Department will consider the
following factors in making a decision about the level of civil penalty
imposed:
(A) The past history of the referral
agent incurring the penalty in taking all feasible steps or procedures
necessary or appropriate to correct any violation.
(B) Any prior violations of statutes or rules
pertaining to the referral agent.
(C) The immediacy and extent to which the
violation threatens or places at risk the health, safety, and well-being of the
client or the subject of placement.
(d) Except as provided otherwise in section 2
(a) of this rule, for each violation by the referral agent the following civil
penalty may be imposed:
(A) $200, per
violation if all three subsections of (c) of this rule favors the referral
agent.
(B) $300, per violation if
two subsections of (c) of this rule favors the referral agent.
(C) $400, per violation if one of the
subsections of (c) of this rule favors the referral agent.
(D) $500, per violation if no subsection of
(c) of this rule favor the referral agent.
Statutory/Other Authority: ORS 409.050, ORS 419B.005 to 419B.050 & ORS 418.351 to 418.357
Statutes/Other Implemented: ORS 409.050
Disclaimer: These regulations may not be the most recent version. Oregon may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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