OAR 309-040-0405
Procedures for Correction of Violations

(1) At any time after receipt of a notice of violations or an inspection report, the licensee or the Division may request a conference in writing. The conference shall be scheduled within ten days of a request by either party. The purpose of the conference is to discuss the violations stated in the notice of violation and to provide information to the licensee to assist the licensee in complying with the requirements of the rules. The written request by a licensee or the Division for a conference may not extend any previously established time limit for correction.
(2) The licensee shall notify the Division of correction of violations in writing no later than the date specified in the notice of violation.
(3) If, after inspection of the AFH, the violations have not been corrected by the date specified in the notice of violation or if the Division has not received a report of compliance, the Division may institute one or more of the following actions:
(a) Imposition of an administrative sanction that may include revocation, suspension, or refusal to renew a license as deemed appropriate by the Division;
(b) Placement of conditions on the license as deemed appropriate by the Division; or
(c) Filing of a criminal complaint.
(4) If an individual is in serious and immediate danger, the Division may institute one or more of the following actions:
(a) If there is reliable evidence of abuse, neglect or exploitation, the license may be immediately suspended or revoked and arrangements made to move the individual pursuant to OAR 309-040-0425 (Removal of Residents).
(b) The Division may order the removal of the individual pursuant to OAR 309-040-0425 (Removal of Residents); or
(c) Placement of conditions on the license as deemed appropriate by the Division.

Source: Rule 309-040-0405 — Procedures for Correction of Violations, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=309-040-0405.

309–040–0300
Purpose and Scope 309–040–0305
Definitions 309–040–0307
Required Home-like Qualities 309–040–0310
License Required 309–040–0315
License Application and Fees 309–040–0320
Classification of AFHs 309–040–0325
Capacity 309–040–0330
Zoning for Adult Foster Homes 309–040–0335
Training Requirements for Providers, Resident Managers, and Substitute Caregivers 309–040–0340
Issuance of a License 309–040–0345
Renewal 309–040–0350
Variance 309–040–0355
Contracts 309–040–0360
Qualifications for AFH Providers, Resident Managers, and Other Caregivers 309–040–0365
Facility Standards 309–040–0370
Safety 309–040–0375
Sanitation 309–040–0380
Individual Furnishings 309–040–0385
Food Services 309–040–0390
Standards and Practices for Care and Services 309–040–0393
Individually-Based Limitations 309–040–0394
Residency Agreement 309–040–0395
Standards for Admission, Transfers, Respite, Discharges, and Closures 309–040–0400
Inspections 309–040–0405
Procedures for Correction of Violations 309–040–0410
Residents’ Bill of Rights, Complaints, and Grievances 309–040–0415
Administrative Sanctions 309–040–0420
Denial, Suspension, Revocation, or Refusal to Renew 309–040–0425
Removal of Residents 309–040–0430
Conditions 309–040–0435
Criminal Penalties 309–040–0440
Civil Penalties 309–040–0445
Public Information 309–040–0450
Adjustment, Suspension or Termination of Payment 309–040–0455
Enjoinment of AFH Operation
Last Updated

Jun. 8, 2021

Rule 309-040-0405’s source at or​.us