ORS 427.900¹
Authority of Department of Human Services to impose civil penalties
  • rules

(1) The Department of Human Services shall adopt by rule civil penalties to be imposed, in accordance with ORS 183.745 (Civil penalty procedures), on any provider contracting with the department to provide intellectual or developmental disability services for a violation of a statutory requirement or a rule adopted by the department applicable to the provision of services described in ORS 409.010 (Department of Human Services) (2).

(2) This section may not be construed to supersede ORS 418.992 (Civil penalty) or 441.710 (Civil penalties) or any other statute that prescribes criteria for or limitations on the imposition of a civil penalty.

(3) Moneys collected by the department pursuant to rules adopted under this section shall be transferred to the State Treasury for deposit to the Department of Human Services Account established under ORS 409.060 (Department of Human Services Account) and may be used by the division of the department that provides developmental disabilities services for system improvements and the implementation of policies. [2019 c.455 §8]

Note: 427.900 (Authority of Department of Human Services to impose civil penalties) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 427 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

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Chapter 427

Notes of Decisions

Former commit­ment pro­vi­sions of this chapter were constitu­tional. State ex rel Vandenberg v. Vandenberg, 48 Or App 609, 617 P2d 675 (1980), Sup Ct review denied

Standard of proof in former version of this chapter was proof “beyond a reasonable doubt.” State ex rel Vandenberg v. Vandenberg, 48 Or App 609, 617 P2d 675 (1980), Sup Ct review denied

As commit­ment pro­ceed­ing is not crim­i­nal matter, principle of double jeopardy has no applica­tion. State ex rel Vandenberg v. Vandenberg, 48 Or App 609, 617 P2d 675 (1980), Sup Ct review denied

Atty. Gen. Opinions

Preemp­tion of the Oregon Revised Statutes by the pro­vi­sions of the Interstate Compact, (1973) Vol 36, p 297; civil commit­ment to Mental Health Division of per­son against whom crim­i­nal charges are pending, (1980) Vol 41, p 91

Law Review Cita­tions

16 WLR 439 (1979)

1 Legislative Counsel Committee, CHAPTER 427—Persons With Intellectual or Developmental Disabilities, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors427.­html (2019) (last ac­cessed May 16, 2020).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2019, Chapter 427, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano427.­html (2019) (last ac­cessed May 16, 2020).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent. Currency Information