- (1) An administrative sanction may be imposed for non-compliance with these rules.
(2) An administrative sanction includes one or more of the following actions:
- (a) Civil penalties;
- (b) Attachment of conditions to a license; and
- (c) Denial, suspension, non-renewal, or revocation of a license. as set forth in OAR 309-040-0420.
- (3) If the Division imposes an administrative sanction, the Division must serve a notice of administrative sanction upon the provider personally or by certified mail.
(4) The notice of administrative sanction must state the following:
- (a) Each sanction imposed;
- (b) A short and plain statement of each circumstance, act, or omission that constitutes non-compliance with the applicable rules;
- (c) Each statute or rule allegedly violated;
- (d) A statement of the provider right to a contested case hearing;
- (e) A statement of the authority and jurisdiction under which the hearing is to be held;
- (f) A statement that the Division files on the subject of the contested case automatically become part of the contested case record upon default for the purpose of proving a prima facie case; and
- (g) A statement that the notice becomes a final order upon default if the provider fails to request a hearing within the specified time.
- (5) All hearings are conducted in accordance with ORS 183.
- (6) The provider must comply with any final order of the Division.
Statutory/Other Authority
ORS 413.042 & 443.450
Statutes/Other Implemented
ORS 413.032, 443.400 - 443.465 & 443.991
History
BHS 4-2025, adopt filed 02/28/2025, effective 03/01/2025