1. (1) A referral agent is prohibited from the following activities:

   1. (a) Sharing a client’s or subject of placement’s information to a program or marketing affiliate without obtaining affirmative consent from the client for each instance of sharing or selling the information.
   2. (b) Referring a client or a subject of placement to a program in which the referral agent or an immediate family member of the referral agent has an ownership interest.
   3. (c) Contacting a client who has requested in writing that the referral agent stop contacting the client.
   4. (d) Referring a client to a program that is not licensed by the agency responsible for licensing programs in the state where the program is located.
   5. (e) Referring a client to a program without personally touring the program within the prior 24 months. If the tour occurred during a time when personal tours were prohibited by a federal, state, or local emergency declaration, virtual tours are permitted.
   6. (f) Referring a client to a program that has had a restriction, revocation, or suspension of its license by any licensing entity within the prior 12 months.
   7. (g) Referring a client to an organization or company that offers secure transportation services that is not approved by the Department to accept referrals, under rules that have been adopted by the Department.
   8. (h) Referring a client to a program that provides any compensation, or consideration to the referral agent in exchange for the referral.
   9. (i) A referral agent can neither solicit nor accept compensation from program for placing or attempting to place students with them.
   10. (j) A referral agent is expressly forbidden quid pro quo relationships involving referral of clients tied to relationships that promise the exclusive or more favorable use of a particular program.
2. (2) A referral agent must provide an acknowledgement form to each client that is approved by the department describing all prohibited activities described in OAR 419-300-0100.

Statutory/Other Authority

ORS 409.050, ORS 419B.005 - 419B.050 & ORS 418.351 - 418.357

Statutes/Other Implemented

ORS 409.050

History

OTIS 1-2025, amend filed 01/27/2025, effective 02/01/2025
DHS 7-2024, renumbered from 407-049-0100, filed 03/01/2024, effective 03/01/2024
DHS 8-2022, adopt filed 04/05/2022, effective 04/05/2022
DHS 22-2021, temporary adopt filed 10/08/2021, effective 10/08/2021 through 04/05/2022