Or. Admin. Code § 410-141-5380
Current through Register Vol. 64, No. 1, January 1, 2025
Section 410-141-5380 - CIVIL PENALTIES(1) The Director of the Oregon Health Authority may impose a civil penalty for violations of OAR 410-141-5000 to 410-141-5380 or any final order of the Authority entered under any of OAR 410-141-5000 to 410-141-5380, in an amount determined by the Authority that shall not exceed $10,000 for each offense. Each violation is a separate offense.(2) In addition to the civil penalty specified in subsections (1), (3) and (4) of this section, the Director of the Authority may require a person that violates any provision of OAR 410-141-5000 to 410-141-5380 or any final order of the Authority entered under any of OAR 410-141-5000 to 410-141-5380, to forfeit and pay a civil penalty in an amount determined by the Authority that shall not exceed the amount by which the person profited by or through or as a result of such violation.(3) In addition to the penalties specified in subsection (1), (2) and (4) of this section, the Director of the Authority may impose on a director or officer of a CCO or any affiliate within a CCO's holding company system who engages in a transaction or makes an investment that has not been properly reported under, or that otherwise does not comply with OAR 410-141-5360 to 410-141-5375, who knowingly participates in or assents to the transaction or investment, or who permits another officer or an agent of the holding company system to engage in the transaction or make the investment, in the director or officer's individual capacity, a civil penalty in an amount determined by the Authority that shall not exceed $10,000.(4) In addition to the penalties specified in subsections (1), (2) and (3) of this section, the Director of the Authority may impose a civil penalty on a CCO or other person that fails to make a required filing or demonstrate a good faith effort to comply with a filing requirement under OAR 410-141-5285 to OAR 410-141-5355 in an amount determined by the Authority that does not exceed $50,000.(5) Civil penalties under this section shall be imposed and enforced in accordance with ORS 183.745.(6) The provisions of this section are in addition to and not in lieu of, any other enforcement provisions imposed by law, including ORS Chapter 415, OAR Chapter 410, Division 141, or in the CCO Contract.(7) Moneys received by the Authority under this section shall be paid to the State Treasury and credited to the General Fund.Or. Admin. Code § 410-141-5380
DMAP 60-2019, adopt filed 12/18/2019, effective 1/1/2020; DMAP 143-2024, amend filed 12/29/2024, effective 1/1/2025Statutory/Other Authority: ORS 413.042, 414.572, 414.591, 414.605, 415.063 & 415.109
Statutes/Other Implemented: ORS 414.570-414.686 & 415.001-415.430