OAR 411-058-0100
Civil Penalties

(1) Effective January 1, 2019, the Department may impose a civil penalty of $750 on a long term care referral agent that is not registered with the Department. If the long term care referral agent fails to register, then this civil penalty will increase on the following schedule, up to:
(a) $1,500, after failing to register within 30 calendar days of notice of non-compliance.
(b) $3,000, after failing to register within 60 calendar days of notice of non-compliance.
(c) $6,000, after failing to register within 90 calendar days of notice of non-compliance.
(d) $10,000, after failing to register within 120 or more calendar days of notice of non-compliance.
(2) The Department may impose a civil penalty of $500 per violation for failure to provide clients a disclosure statement.
(3) Effective January 1, 2019, the Department may impose a civil penalty of no more than $500 per violation for employing an individual who has not completed a background check and is not in the status of being hired on a preliminary basis, as described in OAR 411-058-0080 (Background Check Requirements). Failure to correct this violation within seven business days of notice of non-compliance shall result in a penalty of up to $1,000 per violation. Subsequent failure to correct this violation within seven business days of the second notice of non-compliance shall result in a penalty of up to $250 per violation, per business day until the violation is corrected.
(4) The Department may impose a civil penalty of up to $2,500 per violation if a client’s placement information is shared or sold without obtaining the client’s affirmative consent, as described in OAR 411-058-0040 (Prohibited Activities).
(5) The Department may impose a civil penalty of up to $2,500 per violation if a referral agent refers a client to a facility in which the referral agent or an immediate family member of the referral agent has an ownership interest.
(6) The Department may impose a civil penalty of up to $1,000 per violation if a referral agent fails to stop contacting a client who has requested in writing that the referral agent stop contacting that client.
(7) The Department may impose a civil penalty of no more than $500 per violation for non-compliance of client records requirements as described in OAR 411-058-0050 (Client Records).
(8) The Department may impose a civil penalty of $1,000 for failure to maintain General Liability insurance, as described in OAR 411-058-0070 (General Liability Insurance Requirements).
(9) The Department may impose civil penalties up to $250 per violation for any general violation not otherwise specified in this rule.
(10) Any civil penalty imposed under this section shall follow procedures established by ORS 183.745 (Civil penalty procedures) “Civil Penalty Procedures”. The notice of civil penalty shall be sent by mail, certified mail, or electronic mail and include:
(a) Reference to the particular sections of statute, rule or order involved;
(b) Short and plain statement of the matters asserted or charged;
(c) Statement of the amount of penalty or penalties imposed; and
(d) Statement of the right to request a hearing.
(11) The person to whom the notice is addressed shall have 20 calendar days from the date of service of the notice in which to make a written application for a hearing.
(12) All hearings shall be conducted according to the applicable provisions of ORS Chapter 183 (Administrative Procedures Act).
(13) If the person notified fails to request a hearing within the time frame specified; or if after a hearing the person is found to be in violation of a statute, rule, or order, an order may be entered assessing a civil penalty.
(14) If the order is not appealed, the amount of the penalty is payable within the timeframe in ORS 183.745 (Civil penalty procedures). If the order is appealed and is sustained, the amount of the penalty is payable within the timeframe in ORS 183.745 (Civil penalty procedures). The order, if not appealed or sustained on appeal, shall constitute a judgement and may be filed in accordance with the provisions of ORS 18.005 (Definitions) to 18.428. Execution may be issued upon the order in the same manner as execution upon a judgement of a court of record.
(15) Civil penalties are subject to judicial review under ORS 183.480 (Judicial review of agency orders), except that the court may, at its discretion, reduce the amount of the penalty.

Source: Rule 411-058-0100 — Civil Penalties, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=411-058-0100.

Last Updated

Jun. 8, 2021

Rule 411-058-0100’s source at or​.us