The Office has adopted the following presumptive penalty schedule for the 1st, 2nd, and 3rd violation of facility license and independent contractor registration laws and rules. This schedule applies, except at the discretion of the Office pursuant to ORS 676.992. For the 4th and subsequent offenses, the provisions of ORS 676.992 apply.

1. (1) Operating or purporting to operate a facility without a valid facility license is a violation of ORS 690.015(2)(b) or 690.015(2)(e):

   1. (a) Never licensed or expired:

      1. (A) 1st offense: $750;
      2. (B) 2nd offense: $1500;
      3. (C) 3rd offense: $3000;
      4. (D) 4th offense: Monetary penalty and any other actions allowed by law including revocation of suspended authorization to practice and refusal to issue a new authorization to practice to a revoked authorization holder.

   2. (b) Inactive:

      1. (A) 1st offense: $200;
      2. (B) 2nd offense: $500;
      3. (C) 3rd offense: $1000.
      4. (D) 4th offense: Monetary penalty and any other actions allowed by law including revocation of suspended authorization to practice and refusal to issue a new authorization to practice to a revoked authorization holder.

   3. (c) Suspended or Revoked:

      1. (A) 1st offense: $1000;
      2. (B) 2nd offense: $2500;
      3. (C) 3rd offense: Monetary penalty and any other actions allowed by law including revocation of suspended authorization to practice and refusal to issue a new authorization to practice to a revoked authorization holder.

2. (2) Operating or purporting to operate as an independent contractor without an independent contractor registration or with a dormant independent contractor registration is a violation of ORS 690.015(2)(a), 690.015(2)(d) or 690.015(2)(e):

   1. (a) 1st offense: $300;
   2. (b) 2nd offense: $750;
   3. (c) 3rd offense: $1500;
   4. (d) 4th offense: Monetary penalty and any other actions allowed by law including revocation of suspended authorization to practice and refusal to issue a new authorization to practice to a revoked authorization holder.

3. (3) Allowing an uncertified employee or uncertified individual under a person’s supervision and control to practice in a field of practice is a violation of ORS 690.015(2)(g) and OAR 817-007-0050(1)(d).

   1. (a) Employee or individual who has never been certified:

      1. (A) 1st offense: $2000;
      2. (B) 2nd offense: $3000;
      3. (C) 3rd offense: $4000;
      4. (D) 4th offense: Monetary penalty and any other actions allowed by law including revocation of suspended authorization to practice and refusal to issue a new authorization to practice to a revoked authorization holder.

   2. (b) Employee or individual with inactive, suspended, revoked, or expired certification:

      1. (A) 1st offense: $200
      2. (B) 2nd offense: $500
      3. (C) 3rd offense: $1000
      4. (D) 4th offense: Monetary penalty and any other actions allowed by law including revocation of suspended authorization to practice and refusal to issue a new authorization to practice to a revoked authorization holder.
4. (4) Failing to meet the specifications and standards required under OAR 817-010-0007 in a facility is a violation of OAR 817-007-0000, 817-007-0025, and 817-007-0050 and may result in an emergency suspension of the facility license until the violation is corrected.

Statutory/Other Authority

ORS 690.167, ORS 676.612, ORS 676.992 & ORS 690.015

Statutes/Other Implemented

ORS 690.167, ORS 676.612, ORS 676.992 & ORS 690.015

History

BOC 5-2019, amend filed 12/18/2019, effective 01/01/2020
BOC 1-2016, f. & cert. ef. 4-4-16
BOC 1-2014, f. 2-27-14, cert. ef. 3-1-14
BOC 2-2012, f. 8-31-12, cert. ef. 9-1-12
BOC 1-2012(Temp), f. 3-1-12, cert. ef. 3-12-12 thru 9-1-12
BOC 4-2011(Temp), f. & cert. ef. 9-13-11 thru 3-11-12
BOC 2-2011, f. & cert. ef. 5-5-11
BOC 1-2006, f. & cert. ef. 3-15-06
BOC 1-2004, f. 6-29-04, cert. ef. 7-1-04
BOC 1-2002, f. 5-31-02 cert. ef. 6-1-02
BOC 1-2000, f. 5-12-00, cert. ef. 5-15-00
BBH 1-1998, f. 6-24-98, cert. ef. 6-30-98
BH 1-1996, f. 5-31-96, cert. ef. 7-1-96, Renumbered from 817-090-0020
BH 3-1994, f. 6-23-94, cert. ef. 7-1-94
BH 1-1992, f. 6-1-92, cert. ef. 7-1-92
BH 2-1990, f. & cert. ef. 10-29-90
BH 1-1988, f. & cert. ef. 7-1-88
BH 1-1985, f. & cert. ef. 3-28-85
BH 4-1984, f. & cert. ef. 12-7-84
BH 3-1984(Temp), f. & cert. ef. 6-27-84