OAR 411-073-0030
Remedies Generally
(1)
Remedied Available. In addition to the remedies which may be provided pursuant to OAR 411, division 89, one or more of the remedies listed in these rules (OAR 411-073) may be imposed by the Division when a facility fails to comply with federal statute or regulations. The remedy(s) issued by the Division may be based upon findings of noncompliance with one or more requirements of participation.(2)
Factors To Be Considered. In order to determine the seriousness of the deficiency, and the appropriate remedy to pursue, if any, the Division:(a)
Shall consider whether a facility’s noncompliance resulted in harm, whether there was a potential for harm, the degree of actual and/or potential harm, and/or whether there was immediate jeopardy;(b)
Shall consider whether the deficiencies are isolated, constitute a pattern, or are widespread; and(c)
May consider the relationship of the deficiency to other deficiencies and the facility’s history of noncompliance.(3)
Appeal. When the Division issues a remedy, the facility may dispute the findings of noncompliance upon which the remedy is based. Except as otherwise provided by these rules, the Division’s choice of remedy, including the factors considered by the Division in selecting the remedy, is not subject to appeal. The process for disputing a Division finding is found in OAR 411-073-0120 (Notice of Remedy, Excluding Civil Money Penalties) and 411-073-0140 (Dispute Resolution).
Source:
Rule 411-073-0030 — Remedies Generally, https://secure.sos.state.or.us/oard/view.action?ruleNumber=411-073-0030.