1. (1) Upon receipt of a statement of deficiencies, an Agency with Choice must be provided an opportunity to dispute the Department’s program review findings but must still comply with sections (2) and (3) of this rule.

   1. (a) If an Agency with Choice desires an informal conference to dispute the Department's program review findings, the Agency with Choice must notify the Department in writing within 10 business days after receipt of the statement of deficiencies. The written request must include a detailed explanation of why the Agency with Choice believes the statement of deficiencies is incorrect;
   2. (b) An Agency with Choice may not seek a delay of any enforcement action against it on the grounds the informal conference has not been completed; and
   3. (c) If an Agency with Choice is successful in demonstrating the deficiencies should not have been cited, the Department may 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must state that it supersedes the previous statement of deficiencies and must clearly identify the date of the superseded statement of deficiencies;
2. (2) A signed plan of correction must be submitted to the Department within 10 business days from the date the statement of deficiencies was received by the Agency with Choice.
3. (3) An Agency with Choice must correct all deficiencies within 30 days from the date the statement of deficiencies was received by the Agency with Choice, unless an extension of time is requested from the Department. A request for such an extension must be submitted in writing and must accompany the plan of correction.

4. (4) The Department must determine if a written plan of correction is acceptable. If the plan of correction is not acceptable to the Department, the Department must notify the Agency with Choice owner or Administrator in writing:

   1. (a) Identifying which provisions in the plan the Department finds unacceptable;
   2. (b) Citing the reasons, the Department 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 Agency with Choice owner or Administrator.
5. (5) If the Agency with Choice does not come into compliance by the date of correction reflected on the plan of correction or 30 days from the date of the exit conference, whichever is sooner, the Department may propose to deny, suspend or revoke the Agency with Choice license or impose civil penalties.

6. (6) An Agency with Choice must have an active license to operate. If a person or entity is found to be operating as an Agency with Choice without a valid license, the unlicensed Agency with Choice must, within 14 days of the receipt of an injunction obtained by the Department:

   1. (a) Inform its Individuals receiving services that the Agency with Choice can no longer provide services; and
   2. (b) Cease providing services to Individuals.

Statutory/Other Authority

Or Laws 2024, ch. 37

Statutes/Other Implemented

ORS 124.050 & Or Laws 2024, ch. 37

History

APD 17-2025, adopt filed 12/10/2025, effective 12/15/2025