Or. Admin. R. 333-501-0055

Current through Register Vol. 63, No. 6, June 1, 2024

Section 333-501-0055 - Civil Penalties, Generally

(1) This rule does not apply to civil penalties for violations of ORS 441.763, 441.770, 441.815, or 435.254 or rules adopted to implement these statutes.

(2) A person that violates a health care facility licensing law, including OAR 333-501-0020 (violations), is subject to the imposition of a civil penalty not to exceed $500 per day per violation.

(3) In addition to the penalties under section (2) of this rule, civil penalties may be imposed for violations of ORS 441.030, 441.015(1), 441.048, and 441.049.

(4) In determining the amount of a civil penalty, the Oregon Health Authority (Authority) shall consider whether:

(a) The Authority made repeated attempts to obtain compliance;

(b) The licensee has a history of noncompliance with health care facility licensing laws;

(c) The violation poses a serious risk to the public's health;

(d) The licensee gained financially from the noncompliance; and

(e) There are mitigating factors, such as a licensee's cooperation with an investigation or actions to come into compliance.

(5) The Authority shall document its consideration of the factors in section (4) of this rule.

(6) Each day a violation continues is an additional violation.

(7) A civil penalty imposed under this rule shall comply with ORS 183.745.

Or. Admin. R. 333-501-0055

PH 11-2009, f. & cert. ef. 10-1-09; PH 26-2010, f. 12-14-10, cert. ef. 12-15-10; PH 26-2010, f. 12-14-10, cert. ef. 12-15-10; PH 31-2016, f. 11-14-16, cert. ef. 11/15/2016; PH 59-2020, temporary amend filed 07/29/2020, effective 8/1/2020 through 1/24/2021; PH 6-2021, amend filed 01/22/2021, effective 1/24/2021; PH 32-2024, minor correction filed 04/08/2024, effective 4/8/2024

Statutory/Other Authority: ORS 441.025

Statutes/Other Implemented: ORS 441.990, ORS 441.048, ORS 441.049 & ORS 441.992