(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).
Rule 309-040-0440 — Civil Penalties,