Or. Admin. Code § 411-071-0095

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

Section 411-071-0095 - Sanctions

(1) The Department may suspend, revoke or refuse to renew the certification to provide admission assessment if the Department finds that the program has violated any provision of the Act or these rules, including:

(a) Substantial failure to comply with these rules or with the Act;

(b) Refusal by a program or employee to allow access and inspection of records by an authorized representative of the Department;

(c) Fraudulent information or material misrepresentations in the application or renewal for a Certificate for Private Admission Assessment; or

(d) Failure to comply with a final order of the Department imposing an administrative sanction.

(2) The Department may require a certified program to be involved in a process of corrective action and may provide the program a specified amount of time to meet the standards of the Act and these rules before suspension or revocation of their certification.

(3) If the Department imposes an administrative sanction, it must serve notice of administrative sanction upon the program personally or by certified mail.

(4) The Notice of Administrative Sanction must include:

(a) Each sanction imposed;

(b) A description of each violation;

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

(d) A statement of the certified program's right to a contested case hearing;

(e) A statement that the Department's files on the subject of the contested case automatically become part of the contested case record upon default for the purpose of proving a prima facie case; and

(f) A statement that the notice becomes a final order upon default if the program fails to request a hearing within the specified time.

(5) If an administrative sanction is imposed it must be preceded by a hearing if the program requests the hearing in writing within 60 days after receipt of the notice. All hearings must be conducted according to the applicable provisions of ORS 183.310 to 183.550.

(6) If a program fails to request the hearing within the 60 days, the notice of administrative sanction will become a final order of the Department in accordance with ORS 183.310.

Or. Admin. Code § 411-071-0095

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