Or. Admin. Code § 409-065-0025

Current through Register Vol. 63, No. 8, August 1, 2024

Section 409-065-0025 - Data Submission Compliance and Enforcement

(1) Unless the Authority approves a waiver submitted pursuant to OAR 409-065-0020, a mandatory reporter fails to comply with general data submission requirements under OAR 409-065-0015 when a mandatory reporter:

(a) Fails to submit data files by the specified submission date, or

(b) Fails to submit data files for a required line of business.

(2) Unless the Authority approves a waiver submitted pursuant to OAR 409-065-0020, a mandatory reporter fails to comply with data file requirements when a mandatory reporter:

(a) Submits a data file in an unapproved layout;

(b) Submits a data element in an unapproved format;

(c) Submits a data element with unapproved coding;

(d) Fails to submit a required data element; or

(e) Fails to comply with validation and quality control efforts, including resubmitting or correcting data in a timely fashion as requested by the Authority.

(3) The Authority must issue a notice of noncompliance to mandatory reporters before imposing a civil penalty in accordance with section (4) of this rule. Mandatory reporters must come into compliance within 30 calendar days from the date the Authority issues its notice of noncompliance.

(4) The Authority may impose a civil penalty on a mandatory provider for a violation of this rule if the mandatory reporter does not come into compliance as required under section (3) of this rule. Pursuant to ORS 442.993, the Authority adopts the following schedule of civil penalties:

(a) Up to $500 per day starting from the data of the notice in section (3) of this rule for each violation of OAR 409-065-0025(1)(a) through (b);

(b) Up to $400 per day starting from the data of the notice in section (3) of this rule for each violation of OAR 409-065-0025(2)(a) through (e).

(5) Civil penalties must be imposed in the manner provided in ORS 183.745.

Or. Admin. Code § 409-065-0025

OHP 2-2021, temporary adopt filed 06/02/2021, effective 6/2/2021 through 11/27/2021; OHP 5-2021, adopt filed 11/19/2021, effective 11/19/2021; OHP 4-2024, amend filed 07/22/2024, effective 7/22/2024

Statutory/Other Authority: ORS 442.386 & 442.993

Statutes/Other Implemented: ORS 442.385, 442.386 & 442.993