OAR 309-040-0440
Civil Penalties

(1)

Civil penalties for other than substantiated allegations of abuse shall not exceed $100 per violation with a maximum of $250 and may be assessed for violation of these rules with the exception of substantiated abuse findings.

(2)

Civil penalties of a maximum of $1000 per occurrence may be assessed for each substantiated abuse finding.

(3)

In addition to any other liability or penalty, the Division may impose a penalty for any of the following:

(a)

Operating an AFH without a license;

(b)

Exceeding the number of residents identified on the license;

(c)

The provider fails to achieve satisfactory compliance with the requirements of these rules within the time specified or fails to maintain such compliance;

(d)

The AFH is unable to provide an adequate level of care to individuals;

(e)

There is retaliation or discrimination against an individual, the individual’s representative, family, employee, or any other person for making a complaint against the AFH;

(f)

The provider fails to cooperate with the Division, physician, registered nurse, or other health care professional in carrying out an individual’s care plan; or

(g)

Other violations are found on two consecutive inspections of an AFH after a reasonable amount of time has been allowed for the elimination of the violations.

(4)

Any civil penalty imposed under this section shall become due and payable when the provider incurring the penalty receives a notice in writing from the Division. The notice shall be sent by registered or certified mail and includes the following:

(a)

A reference to the particular sections of the statute, rule, standard, or order involved;

(b)

A short and plain statement of the matter asserted or charged;

(c)

A statement of the amount of the penalty or penalties imposed; and

(d)

A statement of the right to request a hearing.

(5)

The provider to whom the notice is addressed shall have 60 days from the date of the notice of intent in which to make written application for a hearing.

(6)

All hearings shall be conducted according to the applicable provisions of ORS Chapter 183 (Administrative Procedures Act).

Source: Rule 309-040-0440 — Civil Penalties, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=309-040-0440.

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 309-040-0440’s source at or​.us