Or. Admin. Code § 411-052-0030

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

Section 411-052-0030 - Sanctions - Conditions

(1) Conditions may be attached to a license and take effect immediately upon notification by the Department or the delivery date of the notice, whichever is sooner. The type of condition attached to a license must directly relate to a risk of harm or potential risk of harm to residents. Conditions may be attached upon a finding that:

(a) Information on the application or initial inspection requires a condition to protect the health, safety, or welfare of the residents.

(b) A threat to the health, safety, or welfare of a resident exists.

(c) There is reliable evidence of abuse, neglect, or exploitation.

(d) The licensee or caregivers demonstrate the inability to meet the evacuation times described in OAR 411-050-0720.

(e) The home is not being operated in compliance with these rules.

(2) Examples of conditions that may be imposed on a licensee include, but are not limited to:

(a) Restricting the total number of residents based upon the ability of the licensee to meet the health and safety needs of the residents.

(b) Restricting the number of residents, a licensee may admit or retain within a specific classification or level based upon the ability of the licensee and staff to meet the health and safety needs of all the residents.

(c) Changing the classification of the license based on the licensee's ability to meet the specific care needs of the residents.

(d) Requiring additional staff to meet the resident's care needs.

(e) Requiring additional qualifications or training of licensee and staff to meet specific resident care needs.

(f) Restricting admissions when there is a threat to the current residents of the home and admitting new residents would compound that threat.

(g) Restricting a licensee from allowing persons on the premises who may be a threat to a resident's health, safety or welfare.

(3) In accordance with OAR 411-052-0020(1)(a) through (d), the licensee shall be notified in writing of any conditions imposed, the reason for the conditions, and be given an opportunity to request a hearing under ORS 183.411 to 183.502. A licensee must request a hearing in writing within 21 calendar days after the date the notice was personally served or mailed. Conditions take effect immediately and are a final order of the Department unless later rescinded through the hearings process.

(4) In addition to, or in-lieu of, a contested case hearing, a licensee may request an informal conference with the Department to discuss conditions imposed. The informal conference does not diminish the licensee's right to a hearing.

(5) Conditions imposed remain in effect until the Department has sufficient cause to believe the situation that warranted the condition has been remedied. If the licensee believes the situation that warranted the condition has been remedied, the licensee may request in writing that the condition be removed.

(6) Conditions must be posted with the licensee in a prominent place in the home and be available for inspection at all times.

Or. Admin. Code § 411-052-0030

APD 19-2019, adopt filed 06/20/2019, effective 7/1/2019

Statutory/Other Authority: ORS 409.050, 410.070, 413.085, 443.001, 443.004, 443.725, 443.730 & 443.735, 443.738, 443.742, 443.760, 443.767, 443.775, 443.790

Statutes/Other Implemented: ORS 124.050, 124.060, 124.075, 409.050, 410.070, 413.085 & 443.001 - 443.004, 443.705 - 443.825, 443.875, 443.991