Or. Admin. Code § 419-400-0280

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

Section 419-400-0280 - Licensing Umbrella Rules: Denial, Suspension, or Revocation of License and Placing Conditions on a License

(1) The Department may suspend, revoke, or place conditions on the child-caring agency's license, certificate, or other authorization in the following circumstances:

(a) The child-caring agency is not in full compliance with the requirements of OAR 419-400-0010(5) or other applicable requirement in OAR chapter 419, division 400.

(b) The Department finds, after investigation by the Department or law enforcement, that abuses, deficiencies, violations, or failures to comply are founded.

(c) The child-caring agency, or the owner or operator of the child-caring agency including proctor foster homes, interfered with or hindered an investigation of abuse of a child in care, including, but not limited to, intimidation of witnesses, falsification of records, or denial or limitation of interviews with the child in care who is the subject of the investigation or the witnesses.

(2) Conditions placed on a license under section (1) of this rule include, but are not limited to, the following:

(a) Placing full or partial restrictions on admission of children;

(b) Temporary suspension;

(c) Limitation of operations subject to an intent to revoke; and

(d) Limitation of operations subject to correction of violations as specified in a plan of correction imposed by the Department.

(3) The Department may immediately deny, suspend, revoke, or place conditions on the child-caring agency's license in the following circumstances:

(a) The child-caring agency failed to permit an inspection of premises or of the books and records of the child-caring agency.

(b) The child-caring agency failed to make corrections within 45 days from the effective date of the plan of correction under OAR 419-400-0260.

(c) The Department determines at any time during or after an investigation that the abuses, deficiencies, violations or failures to comply are or threaten a serious danger to any child or to the public, or place a child in care at risk with respect to the child in care's health, safety, or welfare.

(4) The Department will deny issuance or renewal of a license, certificate, or other authorization to a child-caring agency if the child-caring agency is not or will not be in full compliance with all of the standards, procedures, and protocols in OAR 419-400-0010(5) or other applicable requirement in OAR chapter 419, division 400.

(5) The Department may deny issuance or renewal, suspend, revoke, or place conditions on a license, certificate or other authorization if the Department becomes aware that a child caring agency, or the owner or operator of the child-caring agency, has been found by other state or federal entities to have engaged in financial, civil, or criminal misconduct.

(6) The Department will take immediate steps to suspend or revoke the license of a child-caring agency if any of the following circumstances are found to exist:

(a) There has been the death of a child in care as a result of abuse or neglect on the part of the child-caring agency or any of the child-caring agency's employees or agents;

(b) There has been sexual or physical abuse or neglect of a child in care in the child-caring agency's care or custody that was known to the child-caring agency, and the child-caring agency did not take immediate steps to report the abuse or neglect and to ensure the child in care's safety;

(c) The child-caring agency failed to cooperate fully with any local, state or federal regulatory entity's investigation of the child-caring agency or the child-caring agency's operations or employees; or

(d) The child-caring agency failed to provide financial statements as required under these rules and ORS 418.255.

(7) A suspension or revocation issued under section (6) of this rule may not be rescinded by the Department except as provided in ORS 418.240(3).

(8) If a child-caring agency operates more than one program or facility, the Department has the option to suspend, revoke, or deny the license only as it applies to the program or facility out of compliance with applicable statutes or rules.

(9) To request a contested case hearing, as provided in ORS chapter 183, the child-caring agency must provide the Department's Licensing Unit a timely written request for a hearing. If there is no timely written request for a hearing, the child-caring agency has waived the right to a hearing, except as provided in OAR 137-003-0528(1).

(10) To be timely, a hearing request under section (9) of this rule must be received or postmarked within the following applicable deadline as counted from the date that the Department mailed the notice of denial, suspension, or revocation:

(a) 90 days when the Department previously found a serious danger to the public health or safety and suspended or refused to renew a license with an effective date prior to hearing; or

(b) 30 days when subsection (a) of this section does not apply.

(11) Except for a child-caring agency that retains a facility with an active license under subsection (8) of this rule, if the Department revokes a license, the child-caring agency may not apply under any name for licensure under this chapter of rules for the three years following the effective date of revocation.

Or. Admin. Code § 419-400-0280

SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95; Renumbered from 413-210-0240, CWP 29-2008, f. & cert. ef. 10-17-08; CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16; CWP 22-2016, f. & cert. ef. 12-1-16; CWP 14-2018, temporary amend filed 02/05/2018, effective 02/05/2018 through 06/29/2018; CWP 57-2018, amend filed 06/29/2018, effective 06/29/2018; Renumbered from 413-215-0121 by CWP 26-2022, filed 11/28/2022, effective 12/1/2022; OTIS 8-2023, minor correction filed 01/18/2023, effective 1/18/2023

Statutory/Other Authority: ORS 409.050, ORS 418.240 & ORS 418.005

Statutes/Other Implemented: ORS 418.205 - 418.327