ORS 101.110
Revocation of registration

  • findings

(1)

The registration of a provider shall remain in effect until revoked, after notice and hearing, upon written findings of fact by the Department of Human Services that the provider has:

(a)

Violated any provision of this chapter or any rule or order adopted under this chapter;

(b)

Failed to file an annual disclosure statement required by ORS 101.052 (Annual disclosure statement);

(c)

Failed to make available to prospective and current residents the disclosure statements required by ORS 101.050 (Preparation of disclosure statement by provider) and 101.052 (Annual disclosure statement);

(d)

Delivered to prospective residents a disclosure statement as provided by ORS 101.050 (Preparation of disclosure statement by provider) and 101.052 (Annual disclosure statement) that makes an untrue statement of material fact or omits a material fact and the provider, at the time of the delivery of the disclosure statement, knew or should have known of the misstatement or omission;

(e)

Failed to comply with the terms of a cease and desist order described in ORS 101.120 (Power of department to prevent violations);

(f)

Failed to establish and maintain reserves required by ORS 101.060 (Provider to maintain financial reserves); or

(g)

Failed to place reserves in an escrow account when required by the department under ORS 101.060 (Provider to maintain financial reserves).

(2)

Findings of fact in support of revocation, if set forth in statutory language, shall be accompanied by a concise and explicit statement of the underlying facts supporting the findings.

(3)

If the department finds, after notice and hearing, that the provider has been guilty of a violation for which revocation could be ordered, it may first issue a cease and desist order. If the cease and desist order is or cannot be effective in remedying the violation, the department may, after notice and hearing, order that the registration be revoked.

(4)

If the department revokes a provider’s registration, the provider shall supply the department with a list of the names and addresses of all residents who have entered into residency agreements with the provider. [1989 c.693 §15; 2009 c.201 §9]

Source: Section 101.110 — Revocation of registration; findings, https://www.­oregonlegislature.­gov/bills_laws/ors/ors101.­html.

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