OAR 333-035-0095
Civil Penalties
(1)
In addition to any other liability or penalty provided by law, the Division may impose a civil penalty of $1,000 per day, up to $10,000 in any 30-day period, for any of the following:(a)
Violation of any of the terms or conditions of a license issued under these rules;(b)
Violation of any of these rules or an order issued by the Division to a hospice program licensed under these rules;(c)
Violation of any final order of the director that pertains specifically to a hospice program owned or operated by the person incurring the penalty; or(d)
Violation of ORS 443.860 (License required) or of rules adopted under ORS 443.860 (License required).(2)
In determining the amount of a civil penalty the Division shall consider whether:(a)
The Division made repeated attempts to obtain compliance;(b)
There is a history of noncompliance with hospice program licensing laws;(c)
The violation poses a serious risk to the public’s health;(d)
The person or licensee gained financially from the noncompliance; and(e)
There are mitigating factors, such as a person or licensee’s cooperation with an investigation or actions to come into compliance.(3)
The Division shall document its consideration of the factors in section (2) of this rule.(4)
Each day a violation continues is an additional violation.(5)
Civil penalties under this section shall be imposed in the manner provided by ORS 183.745 (Civil penalty procedures).
Source:
Rule 333-035-0095 — Civil Penalties, https://secure.sos.state.or.us/oard/view.action?ruleNumber=333-035-0095.