Oregon Department of Human Services, Aging and People with Disabilities and Developmental Disabilities

Rule Rule 411-058-0090
Administrative Sanctions

(1) An administrative sanction may be imposed by the Department for non-compliance with these rules. An administrative sanction includes one or more of the following actions:
(a) Civil penalties; or
(b) Denial, suspension, revocation, or refusal to renew registration.
(2) If the Department imposes an administrative sanction, it shall serve a notice of administrative sanction upon the referral agent personally or by certified mail.
(3) The notice of administrative sanction shall state:
(a) Each sanction imposed;
(b) A short and plain statement of each reason that constitutes a violation;
(c) Each statute or rule violated;
(d) A statement of the referral agent’s right to a contested case hearing;
(e) A statement of the authority and jurisdiction under which the hearing is to be held;
(f) A statement that the Department’s files on the subject of the contested case automatically become part of the contested case record upon default for the purpose of providing a prima facie case; and
(g) A statement that the notice becomes a final order upon default if the referral agent fails to request a hearing within the specified time.
(4) If an administrative sanction is imposed for reasons other than abuse, it shall be preceded by a hearing if the referral agent requests the hearing in writing within 60 days after the receipt of notice.
(5) The Department may immediately suspend, revoke or refuse to renew a Certificate of Registration for reason of abuse of a client as defined in OAR 411-020-0002 (Definitions) and 411-085-0005 (Definitions). The referral agent may request a review of the decision by submitting a request, in writing, within 10 days of the notice and order of suspension, revocation or non-renewal.
(6) Within 10 days of receipt of the referral agent’s request for a review, the Department director or designee shall review all material relating to the allegation of abuse and to the suspension, revocation or non-renewal, including any written documentation submitted by the referral agent within that time frame. The director or designee shall determine, based on a review of the material, whether to sustain the decision. If the director or designee does not sustain the decision, the suspension, revocation or refusal to renew shall be rescinded immediately. The decision of the director or designee is subject to a contested case hearing under ORS 183.310 (Definitions for chapter) to 183.550 if requested within 90 days.
(7) The Department may also deny, suspend, revoke or refuse to renew a registration where it finds:
(a) There has been substantial failure to comply with these rules or where there is substantial non-compliance with local codes and ordinances or any other state or federal law or rule applicable to rights of clients receiving the services under these rules;
(b) The application or renewal for the Certificate of Registration contains fraudulent information or material misrepresentations;
(c) The referral agent fails to comply with a final order of the Department to correct a violation of these rules for which an administrative sanction has been imposed; or
(d) The referral agent fails to comply with a final order of the Department imposing an administrative sanction.
(8) If a referral agent fails to request the hearing within the 60 days, or fails to request a review of a finding of abuse within 10 days, the notice of administrative sanction shall become a final order of the Department by default.

Last accessed
Jun. 8, 2021