Denial, Suspension, Revocation or Refusal to Renew Registration
(1)The Division may immediately suspend, revoke, or refuse to renew a Certificate of Registration for reason of abuse of a resident. The operator may request a review of the decision by submitting a request, in writing, within ten (10) days of the notice and order of suspension, revocation or non-renewal.
(2)Within ten days of receipt of the operator’s request for a review, the Division administrator 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 operator within that time frame. The administrator or designee shall determine, based on a review of the material, whether to sustain the decision. If the administrator or designee does not sustain the decision, the suspension, revocation or refusal to renew shall be rescinded immediately. The decision of the administrator or designee is subject to a contested case hearing under ORS 183.310 (Definitions for chapter) to 183.550 if requested within 90 days.
(3)The Division 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 the health and safety of the residents in a room and board facility; or
(b)An operator or employee refuses to allow access and inspection by an authorized representative of the Division; or
(c)The application or renewal for the Certificate of Registration contains fraudulent information or material misrepresentations; or
(d)Fails to comply with a final order of the Division to correct a violation of these rules for which an administrative sanction has been imposed; or
(e)Fails to comply with a final order of the Division imposing an administrative sanction.
(4)If registration is suspended, revoked, or not renewed, the Division may arrange for residents to voluntarily move for their protection.
Rule 411-068-0085 — Denial, Suspension, Revocation or Refusal to Renew Registration,