Or. Admin. Code § 415-054-0475

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

Section 415-054-0475 - Nonrenewal, Suspension, and Revocation of Certification

(1) Immediate revocation or suspension of a certificate may occur when:

(a) The Division finds there is substantial failure to comply with applicable statutes, administrative rules, service delivery rules, or other applicable regulations, such that the Division finds there is a serious danger to the public health or safety;

(b) The ADSS demonstrates substantial failure to comply with these administrative rules and other applicable regulations such that the health or safety of individuals is jeopardized to the degree that immediate cessation of services by the ADSS is considered necessary to prevent harm to the individual.

(2) The Division may revoke, suspend, or refuse to renew a certificate when the Division determines that there is substantiated evidence of abuse, neglect, or mistreatment or determines that an ADSS:

(a) Demonstrates substantial failure to comply with these administrative rules or with applicable state or federal law;

(b) Demonstrates a substantial failure to comply with applicable rules and regulations such that the health or safety of individuals is found to be jeopardized during two certification reviews within a six-year period;

(c) Has a direct contract with the Division, and the Division terminates its agreement or contract with the ADSS;

(d) Fails to comply with the requirements of one or more conditions on the certificate;

(e) Fails to submit and or implement a POC sufficient to come into substantial compliance with these and other applicable rules or regulations;

(f) Submits falsified or incorrect information to the Division;

(g) Refuses to allow access to information for the purpose of verifying compliance with applicable statutes, administrative rules, or other applicable regulations within a specified date or fails to submit such information following the date specified for such a submission in the written notification; or

(h) Fails to comply with staff qualification requirements.

(3) When the Division determines the need to revoke, suspend, or deny renewal of a certificate issued under these rules, a notice of intent to take action on the certificate shall be issued to the ADSS.

Or. Admin. Code § 415-054-0475

ADS 4-2017, adopt filed 12/18/2017, effective 1/1/2018

Statutory/Other Authority: 413.042 & 430.256

Statutes/Other Implemented: 430.256