1. (1) An Agency with Choice that violates applicable laws, rules, or a final order as determined by the Department, may be subject to the imposition of a civil penalty not to exceed $1,000 per violation.
2. (2) An Individual or entity who operates an AWC without a license is subject to the imposition of a civil penalty not to exceed $1,000 a day per violation.

3. (3) Violates applicable, but is not limited to:

   1. (a) Failure to provide a written disclosure statement to the Individual or the representative prior to Agency with Choice Services being rendered;
   2. (b) Failure to provide the contracted Agency with Choice Services;
   3. (c) Failure to correct deficiencies identified during a program review or Critical Incident investigation; or
   4. (d) Refusal to allow access and program review.

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

   1. (a) The Department made repeated attempts to obtain compliance;
   2. (b) The Licensee has a history of non-compliance with licensing laws and rules;
   3. (c) The violation poses a serious risk to the public’s health; and
   4. (d) There are mitigating factors, such as a Licensee’s cooperation with an investigation or actions to come into compliance.
5. (5) The Department must 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 must comply with ORS 183.746.

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