2017 ORS 443.790¹
Authority to impose civil penalty
  • factors to be considered
  • rules

(1) In addition to any other liability or penalty provided by law, the director of the licensing agency may impose a civil penalty on a person for any of the following:

(a) Violation of any of the terms or conditions of a license issued under ORS 443.735 (Issuance of license).

(b) Violation of any rule or general order of the licensing agency that pertains to a facility.

(c) Violation of any final order of the director that pertains specifically to the facility owned or operated by the person incurring the penalty.

(d) Violation of ORS 443.745 (Denial, suspension or revocation) or of rules required to be adopted under ORS 443.775 (Rules).

(e) Violation of the requirement to have a license under ORS 443.725 (License required) (1).

(2) The director shall impose a civil penalty not to exceed $500, unless otherwise required by law, on any adult foster home for falsifying resident or facility records or causing another to do so.

(3) The director shall impose a civil penalty of $250 on a provider who violates ORS 443.725 (License required) (3).

(4) The director shall impose a civil penalty of not less than $250 nor more than $500, unless otherwise required by law, on a provider who admits a resident knowing that the resident’s care needs exceed the license classification of the provider if the admission places the resident or other residents at grave risk of harm.

(5)(a) In every case other than those involving the health, safety or welfare of a resident, the director shall prescribe a reasonable time for elimination of a violation but except as provided in paragraph (b) of this subsection shall not prescribe a period to exceed 30 days after notice of the violation.

(b) The director may approve a reasonable amount of time in excess of 30 days if correction of the violation within 30 days is determined to be impossible.

(6) In imposing a civil penalty, the director shall consider the following factors:

(a) The past history of the person incurring a penalty in taking all feasible steps or procedures necessary or appropriate to correct any violation.

(b) Any prior violations of statutes, rules or orders pertaining to facilities.

(c) The economic and financial conditions of the person incurring the penalty.

(d) The immediacy and extent to which the violation threatens or threatened the health, safety or welfare of one or more residents.

(7) The licensing agency shall adopt rules establishing objective criteria for the imposition and amount of civil penalties under this section. [1987 c.431 §§4,6; 1991 c.413 §6; 1991 c.960 §10; 1995 c.667 §15; 2009 c.595 §791r; 2009 c.837 §34; 2011 c.37 §1]

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 OregonLaws.org contains the con­tents of Volume 21 of the ORS, inserted along­side the per­tin­ent statutes. See the preface to the ORS An­no­ta­tions for more information.
 
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.