Or. Admin. Code § 411-071-0085

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

Section 411-071-0085 - Procedures for Corrections of Violations

(1) After investigation, if the Department has determined that a certified program has violated the Act or these rules, the Department or its authorized representative must so notify the program in writing. The Notice of Violation must include:

(a) A description of the matters asserted or charged;

(b) A reference to the particular section of the statute, rule or order involved;

(c) A specific time frame for correction, that must be no later than 60 days after receipt of the notice;

(d) A statement of the sanctions that may be imposed against the program for failure to correct the violations; and

(e) A statement of the right to request a hearing if a sanction is imposed.

(2) At any time during the time frame for correction specified in the Notice of Violation, the certified program or the Department may request a conference. The conference must be scheduled within ten days of a request by either party.

(3) The purpose of the conference is to discuss the violations stated in the Notice of Violation and to provide information to the certified program to assist the program in complying with the requirements of these rules.

(4) The certified program must notify the Department of correction of violations no later than the date specified in the Notice of Violation.

(5) The Department may reinvestigate the certified program after the date the Department receives the report of compliance or after the date by which the violations must be corrected as specified in the Notice of Violation.

(6) All hearings must be conducted according to the applicable provisions of ORS 183.310 to 183.550.

Or. Admin. Code § 411-071-0085

SSD 3-1991, f. & cert. ef. 2-1-91; SPD 30-2004, f. 8-27-04, cert. ef. 9-1-04

Stat. Auth.: ORS 410.535

Stats. Implemented: ORS410.505 - 410.545