(1) In adopting criteria for establishing the amount of civil penalties for violations of ORS 441.630 (Definitions for ORS 441.630 to 441.680 and 441.995) to 441.680 (Spiritual healing alone not considered abuse of resident), the Department of Human Services shall consider:
(a) Any prior violations of laws or rules pertaining to facilities;
(b) The financial benefits, if any, realized by the facility as a result of the violation;
(c) The gravity of the violation, including the actual or potential threat to the health, safety and well-being of one or more residents;
(d) The severity of the actual or potential harm caused by the violation; and
(e) The facilitys past history of correcting violations and preventing the recurrence of violations.
(2) The department may impose a civil penalty for abuse in accordance with rules adopted under ORS 441.637 (Rules) (1).
(3) If the department finds the facility is responsible for abuse and if the abuse resulted in a residents death or serious injury, the department shall impose a civil penalty of not less than $500 nor more than $1,000 for each violation, or as otherwise required by federal law or ORS 441.715 (Objective criteria for civil penalties) (1)(c), 443.455 (Civil penalties) or 443.775 (Rules).
(4) Nothing in ORS 441.637 (Rules) and this section is intended to expand, replace or supersede the departments authority to impose civil penalties pursuant to ORS 441.710 (Civil penalties) or 441.715 (Objective criteria for civil penalties) for violations that do not constitute abuse.
(5) Facilities assessed civil penalties under this section are entitled to a contested case hearing under ORS chapter 183. [1993 c.759 §10(3),(4),(5),(6); 2005 c.22 §299; 2009 c.837 §23]