1. (1) This rule does not apply to civil penalties for violations of ORS 441.162, 441.166, 441.815, or 435.254 or rules adopted to implement these statutes.
2. (2) A licensee that violates an SICF licensing law, including OAR 333-071-0310 (Violations), is subject to the imposition of a civil penalty not to exceed $500 per day per violation.
3. (3) In addition to the penalties under section (2) of this rule, civil penalties may be imposed for violations of ORS 441.030 or 441.015(1).

4. (4) In determining the amount of a civil penalty, the Authority shall consider whether:

   1. (a) The Authority made repeated attempts to obtain compliance;
   2. (b) The licensee has a history of noncompliance with SICF licensing laws;
   3. (c) The violation poses a serious risk to the public's health;
   4. (d) The licensee gained financially from the noncompliance; and
   5. (e) There are mitigating factors, such as a licensee's cooperation with an investigation or actions to come into compliance.
5. (5) The Authority shall document its consideration of the factors in section (4) of this rule.
6. (6) Each day a violation continues is an additional violation.
7. (7) A civil penalty imposed under this rule shall comply with ORS 183.745.

Statutory/Other Authority

ORS 441.025

Statutes/Other Implemented

ORS 441.990

History

PH 4-2019, adopt filed 02/21/2019, effective 02/21/2019