1. (1) The Department may deny, suspend, revoke, or refuse to renew a license under the following conditions:

   1. (a) Where the Department finds there has been substantial failure to comply with these rules;
   2. (b) Where the State Fire Marshal or authorized representative certifies there is failure to comply with all applicable ordinances and rules relating to safety from fire;
   3. (c) If the licensee fails to implement a plan of correction or comply with a final order of the Department imposing an administrative sanction, including the imposition of a civil penalty;
   4. (d) Failure to disclose requested information on the application or provision of incomplete or incorrect information on the application;
   5. (e) Where imminent danger to the health or safety of residents exists;
   6. (f) When the facility has interfered with an employee or volunteer who has made a good faith disclosure of information as described in 411-054-0028(4) and 411-054-0105(2);
   7. (g) Abandonment of facility operation;
   8. (h) Loss of physical possession of the premise;
   9. (i) Loss of operational control of the facility; or
   10. (j) Appointment of a receiver, trustee, or other fiduciary by court order.
2. (2) Such revocation, suspension, denial, or non-renewal shall be done in accordance with the rules of the Department and ORS chapter 183.
3. (3) Nothing in this rule is intended to preclude the Department from taking other regulatory action on a suspended licensee for violation of the licensing regulations in these rules.

Statutory/Other Authority

ORS 410.070, 443.450 & 443.417

Statutes/Other Implemented

ORS 443.400 - 443.455 & 443.991

History

APD 55-2021, amend filed 12/09/2021, effective 12/15/2021
APD 23-2021, temporary amend filed 06/21/2021, effective 06/23/2021 through 12/19/2021
SPD 13-2009, f. 9-30-09, cert. ef. 10-1-09
SPD 14-2007, f. 8-31-07, cert. ef. 11-1-07