- (1) This rule does not apply to civil penalties for violations of ORS 441.763, 441.770, 441.815, or 435.254 or rules adopted to implement these statutes.
- (2) A person that violates a health care facility licensing law, including OAR 333-501-0020 (violations), is subject to the imposition of a civil penalty not to exceed $500 per day per violation.
- (3) In addition to the penalties under section (2) of this rule, civil penalties may be imposed for violations of ORS 441.030, 441.015(1), 441.048, and 441.049.
(4) In determining the amount of a civil penalty, the Oregon Health Authority (Authority) shall consider whether:
- (a) The Authority made repeated attempts to obtain compliance;
- (b) The licensee has a history of noncompliance with health care facility licensing laws;
- (c) The violation poses a serious risk to the public's health;
- (d) The licensee gained financially from the noncompliance; and
- (e) There are mitigating factors, such as a licensee's cooperation with an investigation or actions to come into compliance.
- (5) The Authority shall 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 shall comply with ORS 183.745.
Statutory/Other Authority
ORS 441.025
Statutes/Other Implemented
ORS 441.990, ORS 441.048, ORS 441.049 & ORS 441.992
History
PH 32-2024, minor correction filed 04/08/2024, effective 04/08/2024
PH 6-2021, amend filed 01/22/2021, effective 01/24/2021
PH 59-2020, temporary amend filed 07/29/2020, effective 08/01/2020 through 01/24/2021
PH 31-2016, f. 11-14-16, cert. ef. 11-15-16
PH 26-2010, f. 12-14-10, cert. ef. 12-15-10
PH 11-2009, f. & cert. ef. 10-1-09