Objective criteria for civil penalties
- • rules
(1)(a) After public hearing, the Director of Human Services by rule shall adopt objective criteria for establishing the civil penalty that may be imposed under ORS 441.710 (Civil penalties). However, the civil penalty may not exceed $500 for each violation, except as otherwise provided in ORS 441.637 (Rules) and 441.995 (Factors considered in determining penalties under ORS 441.630 to 441.680).
(b) Notwithstanding the limitations on the civil penalty in paragraph (a) of this subsection, for any violation involving direct resident care or feeding, an adequate staff to resident ratio, sanitation involving direct resident care or a violation of ORS 441.605 (Legislative declaration of rights intended for residents) or rules required to be adopted under ORS 441.610 (Nursing home patients' bill of rights), a penalty may be imposed for each day the violation occurs in an amount not to exceed $500 per day.
(2) The penalties assessed under subsection (1) of this section shall not exceed $6,000 in the aggregate or as otherwise required by federal law with respect to a single long term care facility within any 90-day period. [1975 c.328 §2; 1977 c.261 §9; 1979 c.261 §9; 1987 c.428 §38; 1993 c.759 §17]
Note: See note under 441.705 (Definitions for ORS 441.705 to 441.745).
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