Or. Admin. Code § 419-300-0110

Current through Register Vol. 63, No. 11, November 1, 2024

Section 419-300-0110 - Administrative Sanctions and Civil Penalties

The Department may impose an administrative sanction or a civil penalty against a referral agent for noncompliance with these rules (OAR 419-300-0000 - 419-300-0100), as follows:

(1) ADMINISTRATIVE SANCTIONS: The Department may deny, suspend, revoke, or refuse to renew a registration when the Department finds:

(a) There has been substantial failure to comply with these rules or where there is substantial noncompliance with local codes and ordinances or any other state or federal law or rule applicable to rights of clients receiving the services under these rules.

(b) The application or renewal for the Certificate of Registration contains fraudulent information or material misrepresentations.

(c) The referral agent fails to comply with a final order of the Department to correct a violation of these rules for which a licensing action or administrative sanction has been imposed; or

(d) The referral agent fails to comply with a final order of the Department imposing a licensing action or administrative sanction.

(e) The referral agent has been determined to have a potential disqualifying conviction or potential disqualifying condition under OAR 407-007-0041 and after a final fitness determination was denied under OAR 407-007-0320.

(f) The referral agent has an incomplete fitness determination or a final fitness determination of denied in accordance with the "Background Checks for Providers" rules, OAR 407-007-0200 to 407-007-0370, without a subsequent background check approval for the position of referral agent.

(2) CIVIL PENALTIES

(a) The Department may impose the following Civil Penalty for violation of registration:

(A) $750 when a referral agent refers a client to a "program" and the referral agent is not registered with the Department. If the referral agent knowingly fails to apply for registration, then this civil penalty may increase on the following schedule, up to:

(B) $1,500, after failing to apply for registration within 30 calendar days of notice of non-compliance.

(C) $3,000, after failing to register within 60 calendar days of notice of non-compliance.

(D) $6,000, after failing to register within 90 calendar days of notice of non-compliance.

(E) $10,000, after failing to register within 120 or more calendar days of notice of non-compliance.

(b) The Department may impose a civil penalty not to exceed $500 for each violation, unless otherwise required by law, on any referral agent who violates any section of OAR 419-300-0000 through 419-300-0100.

(c) The Department will consider the following factors in making a decision about the level of civil penalty imposed:

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

(B) Any prior violations of statutes or rules pertaining to the referral agent.

(C) The immediacy and extent to which the violation threatens or places at risk the health, safety, and well-being of the client or the subject of placement.

(d) Except as provided otherwise in section 2 (a) of this rule, for each violation by the referral agent the following civil penalty may be imposed:

(A) $200, per violation if all three subsections of (c) of this rule favors the referral agent.

(B) $300, per violation if two subsections of (c) of this rule favors the referral agent.

(C) $400, per violation if one of the subsections of (c) of this rule favors the referral agent.

(D) $500, per violation if no subsection of (c) of this rule favor the referral agent.

Or. Admin. Code § 419-300-0110

DHS 7-2024, renumbered from 407-049-0110, filed 03/01/2024, effective 3/1/2024; OTIS 7-2024, minor correction filed 03/01/2024, effective 3/1/2024

Statutory/Other Authority: ORS 409.050, ORS 419B.005 to 419B.050 & ORS 418.351 to 418.357

Statutes/Other Implemented: ORS 409.050