Or. Admin. Code § 411-068-0085

Current through Register Vol. 63, No. 10, October 1, 2024

Section 411-068-0085 - Denial, Suspension, Revocation or Refusal to Renew Registration

(1) The Department may immediately suspend, revoke, or non-renew a registration for reason of abuse, neglect or exploitation of a tenant as defined in OAR 411-020-0002. The operator may request a review of the decision by submitting a request, in writing, within 10 calendar days of the notice and order of suspension, revocation or non-renewal.

(2) Within 10 calendar days of receipt of the operator's request for a review, the Department administrator or designee shall review all material relating to the allegation of abuse and to the suspension, revocation or non-renewal, including any written documentation submitted by the operator within that time frame. The administrator or designee shall determine, based on a review of the material, whether to sustain the decision. If the administrator or designee does not sustain the decision, the suspension, revocation or non-renewal shall be rescinded immediately. The decision of the administrator or designee is subject to a contested case hearing under ORS 183 if requested within 90 calendar days.

(3) The Department may also deny, suspend, revoke, or non-renew a registration where it finds:

(a) An operator has failed to provide an approved background check in accordance with OAR 411-068-0008(1).

(b) There has been substantial failure to comply with these rules or where there is substantial non-compliance with local codes and ordinances or any other state or federal law or rule applicable to the health and safety of the tenants in a RB facility.

(c) An operator or employee refuses to allow access and inspection by an authorized representative of the Department.

(d) The application or renewal for the registration contains fraudulent information or material misrepresentations.

(e) An operator has failed to comply with a final order of the Department to correct a violation of these rules for which an administrative sanction has been imposed.

(f) An operator has failed to comply with a final order of the Department imposing an administrative sanction.

(4) If registration is suspended, revoked, or non-renewed, the Department or an authorized representative may arrange for tenants to voluntarily move for their protection.

Or. Admin. Code § 411-068-0085

SSD 15-1990, f. 7-30-90, cert. ef. 8-1-90; APD 24-2022, amend filed 06/13/2022, effective 7/1/2022

Statutory/Other Authority: ORS 410.070 & 443.485

Statutes/Other Implemented: ORS 443.480 & 443.500