(1) In addition to any other liability or penalty provided by law, the Authority may impose a civil penalty of $1,000 per day, up to $10,000 in any 30-day period, for any of the following:
- (a) Violation of any of the terms or conditions of a license issued under these rules;
- (b) Violation of any of these rules or an order issued by the Authority to a hospice program licensed under these rules;
- (c) Violation of any final order of the Authority that pertains specifically to a hospice program owned or operated by the person incurring the penalty; or
- (d) Violation of ORS 443.860 or the rules adopted under ORS 443.860.
(2) In determining the amount of a civil penalty, the Authority shall consider whether:
- (a) The Authority made repeated attempts to obtain compliance;
- (b) There is a history of noncompliance with hospice program licensing laws;
- (c) The violation poses a serious risk to the public's health;
- (d) The person or licensee gained financially from the noncompliance; and
- (e) There are mitigating factors, such as a person or licensee's cooperation with an investigation or actions to come into compliance.
- (3) The Authority shall document its consideration of the factors in section (2) of this rule.
- (4) Each day a violation continues is an additional violation.
- (5) Civil penalties under this section shall be imposed in the manner provided by ORS 183.745.
Statutory/Other Authority
ORS 443.860
Statutes/Other Implemented
ORS 443.869
History
PH 6-2023, amend filed 01/27/2023, effective 01/27/2023
PH 204-2022, renumbered from 333-035-0095, filed 11/18/2022, effective 11/18/2022
PH 19-2010, f. 8-30-10, cert. ef. 9-1-10