2017 ORS 443.745¹
Denial, suspension or revocation
  • conditional license
  • review

(1) A license may be denied, suspended, revoked or have conditions attached upon a finding by the licensing agency of any of the following:

(a) There exists a threat to the health, safety or welfare of any resident.

(b) There is reliable evidence of abuse, neglect or exploitation of any resident.

(c) The facility is not operated in compliance with ORS 443.705 (Definitions for ORS 443.705 to 443.825) to 443.825 (Disposition of penalties recovered) or the rules adopted thereunder.

(d) Such other circumstances as may be established by the licensing agency by rule.

(2) Conditions attached to a license shall be effective upon order of the director of the licensing agency.

(3) Suspension or revocation of a license authorized by this section for any reason other than abuse, neglect or exploitation of the resident shall be preceded by a hearing under ORS chapter 183 if requested by the provider.

(4) If the license is suspended or revoked for the reason of abuse, neglect or exploitation of a resident, the provider may request a review in writing within 10 days after notice of the suspension or revocation. If a request is made, the director shall review all material relating to the allegation of abuse, neglect or exploitation and to the suspension or revocation within 10 days of the request. The director shall determine, based on review of the material, whether or not to sustain the decision to suspend or revoke. If the director determines not to sustain the decision, the license shall be restored immediately. The decision of the director is subject to judicial review as a contested case under ORS chapter 183.

(5) In the event the license to maintain an adult foster home is ordered suspended or revoked, the licensing agency may withhold service payments until the defective situation is corrected. For protection of residents, the licensing agency may arrange for them to move.

(6) A provider whose license has been revoked or whose application has been denied shall not be permitted to make a new application for one year from the date the revocation or denial is final, or for a longer period specified in the order revoking or denying the license.

(7) The licensing agency shall deny the application or revoke the license of any person who falsely represents that the person has not been convicted of a crime. [1983 c.629 §5; 1985 c.663 §5; 1987 c.431 §1; 1995 c.667 §13; 2009 c.595 §791j]

Notes of Decisions

Senior and Disabled Services Division was entitled to refuse renewal of adult foster home license without giving licensee opportunity to cure allega­tions of abuse, neglect or exploita­tion. Claflin v. Senior and Disabled Services Div., 107 Or App 310, 811 P2d 1377 (1991)

1 Legislative Counsel Committee, CHAPTER 443—Residential Care; Adult Foster Homes; Hospice Programs, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors443.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 443, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano443.­html (2017) (last ac­cessed Mar. 30, 2018).
 
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.