Or. Admin. Code § 309-008-1100

Current through Register Vol. 63, No. 12, December 1, 2024

Section 309-008-1100 - Nonrenewal, Suspension, and Revocation of Certification

(1) Immediate suspension of a certificate may occur if there is a serious danger to the public health and safety during a period of time the Division sets forth specific reasons for its finding. The provider may request a contested case hearing to contest the immediate suspension order. Requests for a hearing must be received by the Division within 90 days from the date the immediate 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:

(a) The Division finds there is substantial failure to comply with applicable statutes, administrative rules, service delivery rules, or other applicable regulations;

(b) There is a threat to health or safety of individuals.

(2) The Division may revoke or refuse to renew a certificate of one or more service delivery locations listed on the certificate when the Division determines that there is substantiated evidence of abuse, neglect, or mistreatment or determines that a provider:

(a) Demonstrates substantial failure to comply with these administrative rules or with applicable state or federal law;

(b) There is a threat to the health or safety of individuals;

(c) Fails to maintain any State of Oregon license that is a prerequisite for providing services that were approved;

(d) Has a direct contract with the Division, and the Division terminates its agreement or contract with the provider;

(e) Fails to comply with the requirements of one or more conditions on the certificate;

(f) Fails to submit and or implement a POC sufficient to come into substantial compliance with these and other applicable rules or regulations;

(g) Submits falsified or incorrect information to the Division;

(h) Refuses to allow access to information for the purpose of verifying compliance with applicable statutes, administrative rules, or other applicable regulations within a specified date or fails to submit such information following the date specified for such a submission in the written notification;

(i) Fails to maintain sufficient staffing or fails to comply with staff qualification requirements;

(j) The provider fails to demonstrate the ability to meet and sustain compliance with all applicable statutes, rules, and regulations.

(3) When the Division determines the need to revoke or deny renewal of a certificate issued under these rules, a notice of intent to take action on the certificate shall be issued to the provider.

Or. Admin. Code § 309-008-1100

MHS 16-2016, f. 11-28-16, cert. ef. 11/30/2016; MHS 30-2016(Temp), f. 12-30-16, cert. ef. 1-1-17 thru 6-29-17; MHS 4-2017, f. 5-23-17, cert. ef. 6/1/2017; MHS 15-2017, temporary amend filed 12/01/2017, effective 12/01/2017 through 05/29/2018; BHS 11-2018, amend filed 05/10/2018, effective 5/10/2018

Statutory/Other Authority: ORS 430.870, ORS 743A.168, ORS 179.040, 179.505, ORS 413.042, 413.032-413.033, 426.072, 426.236, 426.500, 430.010, 430.021, 430.256, 430.357, 430.560 & 430.640

Statutes/Other Implemented: ORS 413.520, 426.060, 426.140, 430.010, 430.254, 430.335, 430.590, 430.620 & 430.637