Or. Admin. Code § 411-052-0015

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

Section 411-052-0015 - Procedures for Correction of Violations

(1) If, as a result of an inspection or investigation, the Department determines that abuse has occurred, the licensee shall be notified verbally to immediately cease the abusive act. The Department shall follow-up with a written confirmation of the warning to cease the abusive act and shall include notification that further sanctioning may be imposed.

(2) If an inspection or investigation indicates a violation of these rules other than abuse, the LLA shall notify the licensee of the violation in writing.

(3) The notice of violation may not include information that may be used to identify a resident in accordance with OAR 411-020-0030, Confidentiality, and federal HIPAA Privacy Rules. Notices placed in the public file must comply with OAR 411-052-0005 and must include the following:

(a) A description of each condition that constitutes a violation.

(b) Each rule that has been violated.

(c) A specific time frame for correction, not to exceed 30 calendar days after receipt of the notice. The LLA may approve a reasonable time of more than 30 calendar days if correction of the violation within that time frame is not practical. If the licensee or administrator requests more than 30 calendar days to correct the violation, such time must be specified in the licensee or administrator's plan of correction and must be found acceptable by the LLA.

(d) Sanctions that may be imposed against the home for failure to correct the violation.

(e) The right of the licensee to contest the violation if an administrative sanction is imposed.

(f) The right of the licensee to request a variance as provided in OAR 411-049-0160.

(4) At any time after receipt of a notice of violation or an inspection report, a meeting may be requested by the applicant, the licensee, the LLA, or the Department. The meeting must be requested within 21 calendar days and be scheduled within 10 business days of a request by any party.

(a) The purpose of the meeting is to discuss the violation stated in the notice of violation, provide information, and to assist the applicant or licensee in achieving compliance with the requirements of these rules.

(b) The request for a meeting by an applicant, licensee, LLA, or the Department does not extend any previously established time frame for correction.

(5) The applicant or licensee must notify the LLA of correction of the violation by completing a written response in the licensee or administrator's statement of correction section on the violation. Notification of correction of the violation must be submitted to the LLA no later than the date specified in the notice of violation.

(6) The LLA may conduct a re-inspection of the home after the date the LLA receives the report of compliance, or after the date the violation must be corrected as specified in the notice of violation.

(7) For violations that present an imminent danger to the health, safety, or welfare of residents, the licensee or administrator must correct the violation and abate the conditions no later than 24 hours after receipt of the notice of violation. The LLA may inspect the home after the 24-hour period to determine if the violation has been corrected as specified in the notice of violation.

(8) If residents are in immediate danger, the license may be immediately suspended, and arrangements made to move the residents.

(9) If after inspection of a home, the violations have not been corrected by the date specified in the notice of violation, or if the LLA has not received a report of compliance, the Department may institute one or more administrative sanctions.

Or. Admin. Code § 411-052-0015

APD 19-2019, adopt filed 06/20/2019, effective 7/1/2019; APD 60-2021, amend filed 12/23/2021, effective 1/1/2022

Statutory/Other Authority: ORS 409.050, 410.070, 413.085, 443.001, 443.004, 443.725, 443.730, 443.735, 443.738, 443.742, 443.760, 443.767, 443.775 & 443.790

Statutes/Other Implemented: ORS 409.050, 410.070, 413.085, 443.001 - 443.004, 443.705 - 443.825, 443.875 & 443.991