Or. Admin. Code § 333-536-0125

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

Section 333-536-0125 - Civil Penalties

(1) An agency that violates in-home care laws or rules, an administrative order, or settlement agreement is subject to the imposition of a civil penalty not to exceed $1,000 per violation and may not total more than $2,000.

(2) An individual who operates an agency without a license is subject to the imposition of a civil penalty not to exceed $500 a day per violation.

(3) In determining the amount of a civil penalty, the Authority shall consider whether:

(a) The Authority made repeated attempts to obtain compliance;

(b) The licensee has a history of non-compliance with in-home care licensing laws and rules;

(c) The violation poses a serious risk to the public's health; and

(d) There are mitigating factors, such as a licensee's cooperation with an investigation or actions to come into compliance.

(4) The Authority shall document its consideration of the factors in section (2) of this rule.

(5) Each day a violation continues is an additional violation.

(6) A civil penalty imposed under this rule shall comply with ORS 183.746.

(7) Failure to comply with ORS 443.305 through 433.355 includes but is not limited to:

(a) Failure to provide a written disclosure statement to the client or the client's representative prior to in-home care services being rendered;

(b) Failure to provide the contracted in-home care services; or

(c) Failure to correct deficiencies identified during a Authority inspection or complaint investigation.

Or. Admin. Code § 333-536-0125

PH 10-2012, f. 6-26-12, cert. ef. 7-1-12; PH 26-2021, amend filed 06/29/2021, effective 7/1/2021

Statutory/Other Authority: ORS 443.340

Statutes/Other Implemented: ORS 443.315, 443.325, 443.327 & 443.340