OAR 817-090-0025
Schedule of Penalties for Facility and Independent Contractor Registration Violations

The Office has adopted the following presumptive penalty schedule for the 1st, 2nd, and 3rd violation of facility license and independent contractor registration laws and rules. This schedule applies, except at the discretion of the Office pursuant to ORS 676.992 (Civil penalties). For the 4th and subsequent offenses, the provisions of ORS 676.992 (Civil penalties) apply.
(1) Operating or purporting to operate a facility without a valid facility license is a violation of ORS 690.015 (Prohibited acts)(2)(b) or 690.015 (Prohibited acts)(2)(e):
(a) Never licensed or expired:
(A) 1st offense: $750;
(B) 2nd offense: $1500;
(C) 3rd offense: $3000;
(D) 4th offense: Monetary penalty and any other actions allowed by law including revocation of suspended authorization to practice and refusal to issue a new authorization to practice to a revoked authorization holder.
(b) Inactive:
(A) 1st offense: $200;
(B) 2nd offense: $500;
(C) 3rd offense: $1000.
(D) 4th offense: Monetary penalty and any other actions allowed by law including revocation of suspended authorization to practice and refusal to issue a new authorization to practice to a revoked authorization holder.
(c) Suspended or Revoked:
(A) 1st offense: $1000;
(B) 2nd offense: $2500;
(C) 3rd offense: Monetary penalty and any other actions allowed by law including revocation of suspended authorization to practice and refusal to issue a new authorization to practice to a revoked authorization holder.
(2) Operating or purporting to operate as an independent contractor without an independent contractor registration or with a dormant independent contractor registration is a violation of ORS 690.015 (Prohibited acts)(2)(a), 690.015 (Prohibited acts)(2)(d) or 690.015 (Prohibited acts)(2)(e):
(a) 1st offense: $300;
(b) 2nd offense: $750;
(c) 3rd offense: $1500;
(d) 4th offense: Monetary penalty and any other actions allowed by law including revocation of suspended authorization to practice and refusal to issue a new authorization to practice to a revoked authorization holder.
(3) Allowing an uncertified employee or uncertified individual under a person’s supervision and control to practice in a field of practice is a violation of ORS 690.015 (Prohibited acts)(2)(g) and OAR 817-007-0050 (Facility Standards)(1)(d).
(a) Employee or individual who has never been certified:
(A) 1st offense: $2000;
(B) 2nd offense: $3000;
(C) 3rd offense: $4000;
(D) 4th offense: Monetary penalty and any other actions allowed by law including revocation of suspended authorization to practice and refusal to issue a new authorization to practice to a revoked authorization holder.
(b) Employee or individual with inactive, suspended, revoked, or expired certification:
(A) 1st offense: $200
(B) 2nd offense: $500
(C) 3rd offense: $1000
(D) 4th offense: Monetary penalty and any other actions allowed by law including revocation of suspended authorization to practice and refusal to issue a new authorization to practice to a revoked authorization holder.
(4) Failing to meet the specifications and standards required under OAR 817-010-0007 (Compliance with All Applicable Regulations) in a facility is a violation of OAR 817-007-0000 (Facility License), 817-007-0025 (Application Requirements for Facility Licensure), and 817-007-0050 (Facility Standards) and may result in an emergency suspension of the facility license until the violation is corrected.

Source: Rule 817-090-0025 — Schedule of Penalties for Facility and Independent Contractor Registration Violations, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=817-090-0025.

Last Updated

Jun. 8, 2021

Rule 817-090-0025’s source at or​.us