2011 ORS § 676.608¹
Investigative authority
  • conduct of investigation

(1) As used in this section:

(a) Holder means a person who holds a certificate, license, permit or registration to practice issued by the Oregon Health Licensing Agency.

(b) Public entity has the meaning given that term in ORS 676.177 (Disclosure of confidential information to another public entity).

(2)(a) The agency shall carry out all investigatory duties.

(b) Upon its own motion, the agency may initiate and conduct investigations of matters relating to the practice of occupations or professions subject to the authority of the boards, councils and programs listed in ORS 676.606 (Oversight and centralized service by agency).

(c) When the agency receives a complaint by any person against a holder, the agency shall investigate the complaint as provided in ORS 676.165 (Complaint investigation).

(3) While conducting an investigation authorized under subsection (2) of this section or a hearing related to an investigation, the agency may:

(a) Take evidence;

(b) Administer oaths;

(c) Take the depositions of witnesses, including the person charged;

(d) Compel the appearance of witnesses, including the person charged;

(e) Require answers to interrogatories;

(f) Compel the production of books, papers, accounts, documents and testimony pertaining to the matter under investigation; and

(g) Conduct criminal and civil background checks to determine conviction of a crime that bears a demonstrable relationship to the field of practice.

(4) In exercising its authority under this section, the agency may issue subpoenas over the signature of the Director of the Oregon Health Licensing Agency or designated employee thereof and in the name of the State of Oregon.

(5) If a person fails to comply with a subpoena issued under this section, the judge of the Circuit Court for Marion County may compel obedience by initiating proceedings for contempt as in the case of disobedience of the requirements of a subpoena issued from the court.

(6) If necessary, the director, or an employee designated by the director, may appear before a magistrate empowered to issue warrants in criminal cases to request that the magistrate issue a warrant. The magistrate shall issue a warrant, directing it to any sheriff or deputy or police officer, to enter the described property, to remove any person or obstacle, to defend any threatened violence to the director or a designee of the director or an officer, upon entering private property, or to assist the director in enforcing the agencys authority in any way.

(7) In all investigations and hearings, the agency and any person affected thereby may have the benefit of counsel.

(8) If a holder who is the subject of a complaint or an investigation is to appear before the agency, the agency shall provide the holder with a current summary of the complaint or the matter being investigated not less than 10 days before the date that the holder is to appear. At the time the summary of the complaint or the matter being investigated is provided, the agency shall provide the holder with a current summary of documents or alleged facts that the agency has acquired as a result of the investigation. The name of the complainant may be withheld from the holder.

(9) A holder who is the subject of an investigation, and any person acting on behalf of the holder, may not contact the complainant until the holder has requested a contested case hearing and the agency has authorized the taking of the complainants deposition pursuant to ORS 183.425 (Depositions or subpoena of material witness).

(10) Except in an investigation or proceeding conducted by the agency or another public entity, or in an action, suit or proceeding in which a public entity is a party, a holder may not be questioned or examined regarding any communication with the agency made in an appearance before the agency as part of an investigation.

(11) This section does not prohibit examination or questioning of a holder regarding records about the holders care and treatment of a patient or affect the admissibility of those records. [2003 c.547 §1; 2005 c.648 §4; 2009 c.701 §10; 2009 c.756 §§5a,92]