(1)Providers who operate a CCRC must register with the Division.
(2)If a provider operates more than one CCRC facility, each facility must be registered with the Division and separately listed on the disclosure statement.
(3)No entity shall claim to be a CCRC in Oregon without being registered pursuant to these rules.
(4)A new CCRC provider must register with the Division before:
(a)Entering into a residency agreement with a nonresident;
(b)Soliciting either a prospective resident or nonresident to pay an application fee or execute a residency agreement; or
(c)Collecting an entrance fee.
(5)The provider must apply for registration with the Division on forms prescribed by the Division as described in OAR 411-067-0020 (Registration). The application must include a disclosure statement as described in OAR 411-067-0050 (Disclosure Statement).
(6)The Division shall issue a notice of filing to the applicant within 10 business days after receipt of the completed application for registration of a new CCRC and the initial registration fee.
(7)The Division shall enter an order registering the provider or rejecting the registration within 60 days of the notice of filing. If no order of rejection is entered within 60 days from the date of notice of filing, the provider shall be considered registered unless the provider and the Division agree in writing to an extension of time. If no order of rejection is entered within the time period as so extended, the provider shall be considered registered.
(8)The Division shall enter an order registering the provider if the Division determines that the requirements of these rules and ORS Chapter 101 (Continuing Care Retirement Communities) have been met.
(9)The Division shall notify the applicant that the application for registration must be corrected within 30 days if the Division determines that any of the requirements of these rules and ORS Chapter 101 (Continuing Care Retirement Communities) have not been met.
(a)The Division may enter an order rejecting the registration if the applicant does not meet the requirements within 30 days. The order shall include the findings of fact upon which the order is based and which may not become effective until 20 days after the end of the foregoing 30-day period.
(b)During the 20-day period, the applicant may petition for reconsideration and request a contested case hearing pursuant to ORS Chapter 183 (Administrative Procedures Act).
(c)If a contested case hearing has been requested, an order of rejection may not take effect, in any event, until a decision is rendered by the administrative law judge that sustains the Division’s decision to reject the registration.
Rule 411-067-0010 — Registration Required,