Or. Admin. Code § 333-081-0085

Current through Register Vol. 63, No. 12, December 1, 2024

Section 333-081-0085 - Informal Enforcement

(1) If during an investigation or survey Division staff document violations of NARRO licensing rules or laws, the Division may issue a statement of deficiencies that cites the law or rule alleged to have been violated and the facts supporting the allegation.

(2) Upon receipt of a statement of deficiencies, a NARRO shall be provided an opportunity to dispute the Division's survey findings but must still comply with sections (3) and (4) of this rule. The following conditions apply:

(a) If a NARRO desires an informal conference to dispute the Division's survey findings, the NARRO must submit a request in writing to the Division within 10 business days after receipt of the statement of deficiencies. The written request must include a detailed explanation of why the NARRO believes the statement of deficiencies is incorrect;

(b) A NARRO may not seek a delay of any enforcement action against it on the grounds the informal dispute resolution has not been completed; and

(c) If a NARRO is successful in demonstrating some or all of the deficiencies should not have been cited, the Division must withdraw or reissue the statement of deficiencies, removing such deficiencies and rescinding or modifying any remedies issued for such deficiencies. A reissued statement of deficiencies must include a statement that it supersedes the previous statement of deficiencies and shall clearly identify the date of the superseded statement of deficiencies.

(3) A signed plan of correction from a NARRO must be mailed to the Division within 10 business days from the date the statement of deficiencies was received by the NARRO. A signed plan of correction will not be used by the Division as an admission of the violations alleged in the statement of deficiencies.

(4) A NARRO must correct all deficiencies within 60 days from the date of the receipt of the statement of deficiencies, unless an extension of time is granted by the Division. A request for such an extension must be submitted in writing and must accompany the plan of correction.

(5) The Division must determine if a written plan of correction is acceptable. If the plan of correction is not acceptable to the Division, the Division must notify the NARRO owner or administrator in writing:

(a) Identifying which provisions in the plan the Division finds unacceptable;

(b) Citing the reasons the Division finds the provisions unacceptable; and

(c) Requesting that the plan of correction be modified, resubmitted and received by the Division no later than 10 business days from the date notification of non-compliance was received by the NARRO owner or administrator.

(6) If the NARRO does not come into compliance by either the date of correction reflected in the plan of correction or a Division approved extension as provided for in section (4) of this rule, or 60 days from the date of receipt of the statement of deficiencies, whichever is sooner, the Division may propose to deny, suspend or revoke the agency license or impose civil penalties.

Or. Admin. Code § 333-081-0085

PH 6-2014, f. 1-30-14, cert. ef. 2-1-14

Stat. Auth.: OL 2013, Ch. 356

Stats. Implemented: OL 2013, Ch. 356