Or. Admin. Code § 333-027-0190

Current through Register Vol. 63, No. 11, November 1, 2024

Section 333-027-0190 - Civil Penalties

(1) An agency that violates home health licensing laws or rules, an administrative order, or settlement agreement is subject to the imposition of a civil penalty not to exceed $1,000 per violation and may not total more than $2,000.

(2) In determining the amount of a civil penalty, the Authority shall consider whether:

(a) The Authority made repeated attempts to obtain compliance;

(b) The licensee has a history of non-compliance with home health licensing laws and rules;

(c) The violation poses a serious risk to the public's health; and

(d) There are mitigating factors, such as a licensee's cooperation with an investigation or actions to come into compliance.

(3) The Authority shall document its consideration of the factors in section (2) of this rule.

(4) Each day a violation continues is an additional violation.

(5) A civil penalty imposed under this rule shall comply with ORS 183.746.

Or. Admin. Code § 333-027-0190

PH 7-2012, f. 3-30-12, cert. ef. 4-1-12; PH 3-2022, amend filed 01/11/2022, effective 1/13/2022

Statutory/Other Authority: ORS 443.085

Statutes/Other Implemented: ORS 443.045 & 443.085