OAR 333-118-0051
General Regulatory Provisions: Deliberate Misconduct
(1)
This rule applies to any:(a)
Licensee;(b)
Certificate holder;(c)
Quality assurance program approval holder;(d)
Applicant for a license, certificate, or quality assurance program approval;(e)
Contractor (including a supplier or consultant) or subcontractor, to any person identified in subsection (1)(d) of this section; or(f)
Employees of any person identified in subsections (1)(a) through (e) of this rule.(2)
A person identified in subsections (1)(a) through (f) of this rule who knowingly provides to an entity any components, materials, or other goods or services that relate to a licensee’s, certificate holder’s, quality assurance program approval holder’s, or applicant’s activities subject to this rule may not:(a)
Engage in deliberate misconduct that causes or would have caused, if not detected, a licensee, certificate holder, quality assurance program approval holder, or any applicant to be in violation of any rule, regulation, or order; or any term, condition or limitation of any license, certificate, or approval issued by the Authority; or(b)
Submit to the Authority, a licensee, a certificate holder, quality assurance program approval holder, an applicant for a license, certificate or quality assurance program approval, or a licensee’s, applicant’s, certificate holder’s, or quality assurance program approval holder’s contractor or subcontractor, information that the person knows to be incomplete or inaccurate.(3)
A person who violates section (2) of this rule may be subject to enforcement action by the Authority.(4)
For the purposes of section (2) of this rule, deliberate misconduct means an intentional act or omission that the person knows:(a)
Would cause a licensee, certificate holder, quality assurance program approval holder, or applicant for a license, certificate, or quality assurance program approval to be in violation of any rule, regulation, or order; or any term, condition, or limitation of any license or certificate issued by the Authority; or(b)
Constitutes a violation of a requirement, procedure, instruction, contract, purchase order, or policy of a licensee, certificate holder, quality assurance program approval holder, applicant, or the contractor or subcontractor of any of them.
Source:
Rule 333-118-0051 — General Regulatory Provisions: Deliberate Misconduct, https://secure.sos.state.or.us/oard/view.action?ruleNumber=333-118-0051
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