(1)An agency that violates in-home care laws or rules, an administrative order, or settlement agreement is subject to the imposition of a civil penalty not to exceed $1,000 per violation and may not total more than $2,000.
(2)An individual who operates an in-home care agency without a license is subject to the imposition of a civil penalty not to exceed $500 a day per violation.
(3)In determining the amount of a civil penalty, the Division shall consider whether:
(a)The Division made repeated attempts to obtain compliance;
(b)The licensee has a history of non-compliance with in-home care licensing laws and rules;
(c)The violation poses a serious risk to the public’s health; and
(d)There are mitigating factors, such as a licensee’s cooperation with an investigation or actions to come into compliance.
(4)The Division shall document its consideration of the factors in section (2) of this rule.
(5)Each day a violation continues is an additional violation.
(6)A civil penalty imposed under this rule shall comply with ORS 183.746.
(7)Failure to comply with ORS 443.305 (Definitions for ORS 443.305 to 443.350) through 433.355 (Procedure to force compliance with ORS 433.350) includes but is not limited to:
(a)Failure to provide a written disclosure statement to the client or the client’s representative prior to in-home care services being rendered;
(b)Failure to provide the contracted in-home care services; or
(c)Failure to correct deficiencies identified during a Division inspection or complaint investigation.
Rule 333-536-0125 — Civil Penalties,