- (1) If the Department has reasonable cause to believe an entity is a housing with services project subject to the registration requirements of OAR 411-059-0010 through OAR 411-059-0020 and is operating without registration, the Department may contact or enter the housing with services project to determine whether it is subject to registration requirements under ORS 443.378.
- (2) If the Department determines a project should have registered under these rules, the Department may issue a demand to register.
(3) The Department shall serve the demand to register upon the operator personally or by certified mail. The demand to register shall include:
- (a) A reference to the particular sections of statute or rule involved;
- (b) A short and plain statement of the matters asserted or charged; and
- (c) A statement of the right to request a hearing.
- (4) A project that disagrees with the Department's determination of registration requirements shall have 10 days from the date of receipt in which to make a written application for a hearing.
- (5) All hearings shall be conducted according to the applicable provisions of ORS 183.310 to 183.550.
- (6) If the project notified fails to request a hearing within the time frame specified, or if after a hearing the project should have been registered under these rules or statute, an order may be entered demanding that the project be registered with the Department.
- (7) If the housing with services project fails to register with the Department after being served notice pursuant section (3) of this rule within 60 calendar days, or 30 calendar days after a hearing determination described in section (6) of this rule, the Department shall refer the entity to the Oregon Department of Justice's Civil Enforcement Division.
Statutory/Other Authority
ORS 410.070, ORS 443.378 & ORS 183
Statutes/Other Implemented
ORS 410.070 & ORS 443.378
History
APD 13-2018, adopt filed 06/18/2018, effective 07/01/2018
APD 2-2018, temporary adopt filed 01/26/2018, effective 02/01/2018 through 07/30/2018