1. (1)  An administrative sanction may be imposed for non-compliance with these rules.

2. (2) An administrative sanction includes one or more of the following actions:

   1. (a) Civil penalties;
   2. (b) Attachment of conditions to a license; and
   3. (c)  Denial, suspension, non-renewal, or revocation of a license.
3. (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. (4) The notice of administrative sanction must state the following:

   1. (a) Each sanction imposed;
   2. (b) A short and plain statement of each circumstance, act, or omission that constitutes non compliance with the applicable rules;
   3. (c) Each statute or rule allegedly violated;
   4. (d) A statement of the provider’s right to a contested case hearing;
   5. (e) A statement of the authority and jurisdiction under which the hearing is to be held;
   6. (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
   7. (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. (5) All hearings are conducted in accordance with ORS 183.
6. (6) The provider must comply with any final order of the Division.

Statutory/Other Authority

ORS 413.042 & ORS 443.745

Statutes/Other Implemented

ORS 443.705 - 443.825

History

BHS 5-2025, amend filed 02/28/2025, effective 03/01/2025
BHS 6-2018, amend filed 03/21/2018, effective 03/30/2018
MHS 12-2017, temporary amend filed 10/03/2017, effective 10/03/2017 through 03/30/2018
MHS 9-2017, f. 6-29-17, cert. ef. 7-1-17
MHS 3-2017(Temp), f. 3-3-17, cert. ef. 3-4-17 thru 8-30-17
MHS 14-2016(Temp), f. 9-6-16, cert. ef. 9-7-16 thru 3-3-17
Renumbered from 309-040-0075, MHD 3-2005, f. & cert. ef. 4-1-05
MHD 6-1999, f. 8-24-99, cert. ef. 8-26-99
MHD 1-1992, f. & cert. ef. 1-7-92 (and corrected 1-31-92)
MHD 6-1986, f. & ef. 7-2-86
MHD 19-1985(Temp), f. & ef. 12-27-85