Or. Admin. R. 309-045-1240 – Civil Penalties

(1) An Agency with Choice that violates applicable laws, rules, or a final order as determined by the Division, may be subject to the imposition of a civil penalty not to exceed $1,000 per violation.
(2) An Individual or entity who operates an Agency with Choice without a license is subject to the imposition of a civil penalty not to exceed $1,000 a day per violation.
(3) Violates applicable, but is not limited to:
1. (a) Failure to provide a written disclosure statement to the individual or the representative prior to Agency with Choice services being rendered;
2. (b) Failure to provide the contracted Agency with Choice services;
3. (c) Failure to correct deficiencies identified during a program review or critical incident investigation; or
4. (d) Refusal to allow access and program review.
(4) In determining the amount of a civil penalty, the Division must consider whether:
1. (a) The Division made repeated attempts to obtain compliance;
2. (b) The licensee has a history of non-compliance with licensing laws and rules;
3. (c) The violation poses a serious risk to the public’s health; and
4. (d) There are mitigating factors, such as a licensee’s cooperation with an investigation or actions to come into compliance.
(5) The Division must document its consideration of the factors in section (4) of this rule.
(6) Each day a violation continues is an additional violation.
(7) A civil penalty imposed under this rule must comply with ORS 183.746.

ORS 413.042 & Oregon Law 2024, Chapter 37

ORS 430.731 & Oregon Law 2024, Chapter 37