1. (1) If during an inspection or investigation, Division staff document violations of Crisis Stabilization Center certification rules or laws, the Division must issue a statement of deficiencies that cites the law or rule alleged to have been violated and the facts supporting the allegation.

2. (2) Upon receipt of a statement of deficiencies, a Crisis Stabilization Center must be provided an opportunity to dispute the Division's findings but must still comply with sections (3) and (4) of this rule.

   1. (a) If a Crisis Stabilization Center desires an informal conference to dispute the Division's findings, the Crisis Stabilization Center must advise the Division in writing within 10 business days after receipt of the statement of deficiencies. The written request must include a detailed explanation of why the Crisis Stabilization Center believes the statement of deficiencies is incorrect.
   2. (b) A Crisis Stabilization Center may not seek a delay of any enforcement action against it on the grounds the informal dispute resolution has not been completed.
   3. (c) If a Crisis Stabilization Center is successful in demonstrating the deficiencies should not have been cited, the Division must reissue the statement of deficiencies, removing such deficiencies. The reissued statement of deficiencies must state that it supersedes the previous statement of deficiencies and must clearly identify the date of the superseded statement of deficiencies.
3. (3) A signed plan of correction must be mailed or emailed to the Division within 30 days from the date the statement of deficiencies was received by the Crisis Stabilization Center. A signed plan of correction will not be used by the Division as an admission of the violations alleged in the statement of deficiencies.
4. (4) A Crisis Stabilization Center must correct all deficiencies within 30 days from the date the statement of deficiencies was received by the Crisis Stabilization Center, unless a shorter time is determined by the Division to be necessary due to health or life safety risks, or unless an extension of time is requested from and granted by the Division. A request for such an extension must be submitted in writing and must accompany the plan of correction.

5. (5) The Division must determine if a written plan of correction is acceptable. If the plan of correction is not acceptable to the Division, the Division must notify the Crisis Stabilization Center in writing:

   1. (a) Identifying which provisions in the plan the Division finds unacceptable.
   2. (b) Citing the reasons the Division finds the provisions unacceptable; and
   3. (c) Requesting that the plan of correction be modified and resubmitted no later than 10 business days from the date notification of non-compliance was received by the Crisis Stabilization Center.
6. (6) If the Crisis Stabilization Center does not come into compliance by the date of correction reflected on the plan of correction or 30 days from the date the report was received, whichever is sooner, the Division may propose to deny, suspend, or revoke the Crisis Stabilization Center certificate or impose civil penalties.
7. (7) If during an inspection or investigation Division or Department staff document a substantial failure to comply with Crisis Stabilization Center certification laws or rules, or if a Crisis Stabilization Center fails to pay a civil penalty imposed under ORS 443.325 and these rules, the Division may issue a Notice of Proposed Suspension or Notice of Proposed Revocation in accordance with ORS 183.411 through 183.470.
8. (8) The Division may issue a Notice of Imposition of Civil Penalty for violations of Crisis Stabilization Center certification rules.
9. (9) At any time, the Division may issue a Notice of Immediate Suspension under ORS 183.430(2).
10. (10) If the Division revokes a Crisis Stabilization Center certificate, the order must specify when, if ever, the Crisis Stabilization Center may reapply for certification.
11. (11) The Division may reissue a Crisis Stabilization Center certificate that has been suspended or revoked after the Division determines that compliance with these rules has been achieved.

Statutory/Other Authority

ORS 183.310 -183.750, 179.040, 413.042, 413.032 - 413.033, 428.205 - 428.270, 430.626 - 430.630, 430.624, 430.640, 430.870, HB 2417 (2021) & 743A.168

Statutes/Other Implemented

ORS 183.310 - 183.750, 426.500, 428.205 - 428.270, 430.010, 430.021, 430.205 - 430.210, 430.254, 430.335, 430.620, 430.626 - 430.630, 430.637 & 414.665

History

BHS 2-2026, temporary adopt filed 03/20/2026, effective 03/20/2026 through 09/15/2026