OAR 309-040-0415
Administrative Sanctions

(1) The Division may attach conditions to a license in addition to or instead of imposing an administrative sanction. Conditions are described in OAR 309-040-0430 (Conditions).
(2) An administrative sanction includes one or more of the following actions:
(a) Civil penalties;
(b) Refusal to renew, denial, suspension or revocation of a license as set forth in OAR 309-040-0420 (Denial, Suspension, Revocation, or Refusal to Renew).
(3) If the Division imposes an administrative sanction, it shall serve a Notice of Intent of the administrative sanction upon the licensee personally or by certified mail.
(4) The notice of administrative sanction shall state the following:
(a) Each sanction imposed;
(b) A short and plain statement of each circumstance, act, or omission that constitutes substantial non-compliance with the applicable rules;
(c) Each statute or rule allegedly violated;
(d) A statement of the licensee’s right to a contested case hearing;
(e) A statement of the authority and jurisdiction under which the hearing is to be held;
(f) A statement that the Division files on the subject of the contested case automatically become part of the contested case record upon default for the purpose of proving a prima facie case; and
(g) A statement that the notice becomes a final order upon default if the licensee fails to request a hearing within the specified time.
(5) If an administrative sanction is imposed for reason other than abuse, neglect, or exploitation, a contested case hearing shall precede imposition if the licensee requests the hearing in writing within 60 days of service of the notice of intent to impose the administrative sanction pursuant to ORS Chapter 183 (Administrative Procedures Act).
(6) If a licensee fails to request in writing a hearing within 60 days of service of the notice, the Notice of Administrative Sanction shall become a Final Order of the Division by default.
(7) The Division may immediately suspend, revoke, or refuse to renew a license for a substantiated finding of abuse, neglect, or exploitation of an individual. The licensee may submit a written request for a contested case hearing within 60 days of the notice of immediate suspension, revocation, or refusal to renew.
(8) When a license is denied, suspended, revoked, or refused to renew, the Division and the CMHP shall work together to arrange for individuals to move for their protection, as permitted by Residents’ Rights.
(9) Hearing rights are in accordance with ORS 183.411 (Delegation of final order authority) to 183.550.

Source: Rule 309-040-0415 — Administrative Sanctions, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=309-040-0415.

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 309-040-0415’s source at or​.us