Or. Admin. Code § 411-052-0035

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

Section 411-052-0035 - Sanctions - Denial, Revocation, or Non-Renewal of License

(1) The Department shall deny, revoke, or refuse to renew a license where the Department finds:

(a) There has been substantial non-compliance with these rules or where there is substantial non-compliance with local codes and ordinances or any other state or federal law or rule applicable to the health and safety of caring for residents in an AFH.

(b) The Department has conducted a background check and determined the applicant or licensee is not approved in accordance with OAR 411-049-0120.

(c) The licensee allows a caregiver, or any other person, excluding the residents, to reside or work in the AFH, who has been convicted of potentially disqualifying crimes, and has been denied, or refused to cooperate with the Department in accordance with OAR 411-049-0120.

(d) The applicant or licensee falsely represents that he or she has not been convicted of a crime.

(2) The Department shall deny, revoke, or refuse to renew a license where the Department has received notice from the Department of Revenue in accordance with ORS 305.385.

(3) The Department may deny, revoke, or refuse to renew an AFH license if the applicant or licensee:

(a) Submits incomplete or untrue information to the Department.

(b) Has a history of, or demonstrates financial insolvency, such as foreclosure, eviction due to failure to pay rent, or termination of utility services due to failure to pay bills.

(c) Has a prior denial, suspension, revocation, or refusal to renew a certificate or license to operate a foster home or residential care facility in this or any other state or county.

(d) Is associated with a person whose license for a foster home or residential care facility was denied, suspended, revoked, or refused to be renewed due to abuse or neglect of the residents, creating a threat to the residents, or failure to possess physical health, mental health, or good personal character within three years preceding the present action, unless the applicant or licensee is able to demonstrate to the Department by clear and convincing evidence that the person does not pose a threat to the residents. For purposes of this subsection, an applicant or licensee is "associated with" a person if the applicant or licensee:

(A) Resides with the person.

(B) Employs the person in the AFH.

(C) Receives financial backing from the person for the benefit of the AFH.

(D) Receives managerial assistance from the person for the benefit of the AFH.

(E) Allows the person to have access to the AFH.

(F) Rents or leases the AFH from the person.

(e) Has threatened the health, safety, or welfare of any resident.

(f) Has abused, neglected, or exploited any resident.

(g) Has interfered with an individual who has made a good faith disclosure of information concerning the abuse or mistreatment of a resident receiving care and services in an adult foster home.

(h) Has a medical or psychiatric problem that interferes with the ability to provide care and services.

(i) Has previously been cited for the operation of an unlicensed AFH.

(j) Does not possess the good judgment or character deemed necessary by the Department.

(k) Fails to correct a violation within the specified time frame.

(l) Refuses to allow access and inspection.

(m) Fails to comply with a final order of the Department to correct a violation of the rules for which an administrative sanction has been imposed, such as a license condition.

(n) Fails to comply with a final order of the Department imposing an administrative sanction, including the imposition of a civil penalty.

(o) Fails to take or pass the Department's Ensuring Quality Care course and examination.

(p) Fails to obtain an approved background check for subject individuals according to OAR 411-049-0120 on more than one occasion.

(q) Has previously surrendered a license while under investigation or administrative sanction during the last three years.

(r) Is not currently or has not previously been in compliance with employment or tax laws.

(s) Fails to operate the home or any other facility in substantial compliance with ORS 443.705 to 443.825.

(4) If the Department issues a notice of revocation for the reason of abuse, neglect, or exploitation of a resident, the licensee may request a review in writing within 10 calendar days from the date the notice of revocation was mailed. If a request is made, the Department must review all material relating to the allegation of abuse, neglect, or exploitation and the revocation within 10 calendar days. The Department shall determine, based on a review of the material, whether to sustain the decision. If the Department does not sustain the decision, the license shall be restored immediately. The decision of the Department is subject to a contested case hearing under ORS 183.

(5) If a license is revoked or not renewed, the licensee is entitled to a contested case hearing preceding the effective date of the revocation or non-renewal if the licensee requests a hearing in writing within 21 calendar days from the date the notice is mailed. If no written request for a hearing is timely received, the Department shall issue the final order by default. The Department may designate its file as the record for purposes of default.

(6) A license subject to revocation or non-renewal remains valid during an administrative hearings process even if the hearing and final order are not issued after the expiration date of the license.

(7) If a license is denied or not renewed for any reason other than the results of a test or inspection, the applicant is entitled to a hearing if the applicant requests a hearing in writing within 60 calendar days from the date the notice was mailed. If no written request for a hearing is timely received, the Department shall issue a final order by default. The Department may designate its file as the record for purposes of default.

(8) If a license is revoked or not renewed, the Department may arrange for residents to move for their protection.

Or. Admin. Code § 411-052-0035

APD 19-2019, adopt filed 06/20/2019, effective 7/1/2019; APD 50-2019, temporary amend filed 12/19/2019, effective 01/01/2020 through 06/28/2020; APD 22-2020, amend filed 06/16/2020, effective 6/24/2020; APD 60-2021, amend filed 12/23/2021, effective 1/1/2022

Statutory/Other Authority: ORS 409.050, 410.070, 413.085, 430.735, 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