Oregon Administrative Rules|Section 411-052-0040 - Sanctions - Suspension of License

                                                
Current through Register Vol. 60, No. 12, December 1, 2021 
(1) The Department may immediately suspend a license for reason of abuse, neglect, or exploitation of a resident if: 
(a) The Department finds that the abuse, neglect, or exploitation causes an immediate threat to any of the residents.
 
(b) The licensee fails to operate the home or any other facility in substantial compliance with ORS 443.705 to 443.825.
 
 
(2) The licensee may request a review of the decision to immediately suspend a license by submitting a request in writing, within 10 calendar days from the date the notice and order of suspension was mailed. Within 10 calendar days after receipt of the licensee's request for a review, the Department must review all material relating to the allegation of abuse, neglect, or exploitation and to the suspension, including any written documentation submitted by the licensee within that time frame. 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 If the Department does not sustain the decision, the suspension shall be rescinded immediately. The decision of the Department is subject to a contest case hearing under ORS 183 if requested with 90 calendar days.
 
(3) The Department shall suspend a license upon written notice from the Department of Revenue in accordance with ORS 305.385, and after notice to the licensee and a hearing if requested.
 
(4) If a license is suspended, the Department may arrange for residents to move for their protection.
 
Or. Admin. R. 411-052-0040
APD 19-2019, adopt filed 06/20/2019, effective 7/1/2019
Statutory/Other Authority: ORS 409.050, 410.070, 413.085, 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 409.050, 410.070, 413.085, 443.001-443.004, 443.705-443.825 & 443.875, 443.991
This section was updated on 7/13/2019 by overlay.