(1) In addition to any other liability or penalty provided by law, the Director of Human Services may impose a civil penalty on a person for any of the following:
(a) Violation of any of the terms or conditions of a license issued under ORS 443.735.
(b) Violation of any rule or general order of the Department of Human Services that pertains to a facility.
(c) Violation of any final order of the director that pertains specifically to the facility owned or operated by the person incurring the penalty.
(d) Violation of ORS 443.745 or of rules required to be adopted under ORS 443.775.
(2) The director shall impose a civil penalty of not to exceed $500 on any adult foster home for falsifying resident or facility records or causing another to do so.
(3) The director shall impose a civil penalty of $250 on a provider who violates ORS 443.725 (3).
(4) The director shall impose a civil penalty of not less than $250 nor more than $500 on a provider who admits a resident knowing that the resident’s care needs exceed the license classification of the provider if the admission places the resident or other residents at grave risk of harm.
(5)(a) In every case other than those involving the health, safety or welfare of a resident, the director shall prescribe a reasonable time for elimination of a violation but except as provided in paragraph (b) of this subsection shall not prescribe a period to exceed 30 days after notice of the violation.
(b) The director may approve a reasonable amount of time in excess of 30 days if correction of the violation within 30 days is determined to be impossible.
(6) In imposing a civil penalty, the director shall consider the following factors:
(a) The past history of the person incurring a penalty in taking all feasible steps or procedures necessary or appropriate to correct any violation.
(b) Any prior violations of statutes, rules or orders pertaining to facilities.
(c) The economic and financial conditions of the person incurring the penalty.
(d) The immediacy and extent to which the violation threatens or threatened the health, safety or welfare of one or more residents.
(7) The department shall adopt rules establishing objective criteria for the imposition and amount of civil penalties under this section. [1987 c.431 §§4,6; 1991 c.413 §6; 1991 c.960 §10; 1995 c.667 §15]
Section: Previous 443.755 443.760 443.765 443.767 443.775 443.780 443.785 443.790 443.795 443.805 443.815 443.825 443.830 443.835 443.850 NextLast modified: August 7, 2008