justicedao/ipfs_state_laws huggingface dataset:
411-067-0090 Complaints, Investigations and Remedies (1) INVESTIGATIONS REQUIRED. The Division shall investigate all complaints made regarding violations of the CCRC Act, these rules, or orders adopted under the Act. (a) Division staff or representatives of the Division shall carry out investigations as soon as practicable. (b) The Division may interview pertinent witnesses including employees of the provider and review the provider's documents and records. (c) Except as prohibited by the Elderly Persons and Persons with Disabilities Abuse Prevention Act, ORS chapter 124, the Division shall notify the provider within seven working days of any complaint and the provider shall be given an opportunity to respond. (d) The provider must make the documents and records requested under subsection (b) of this section available to the Division for review and copying. (e) The provider is responsible for violations of the Act, these rules, or orders adopted under the Act committed by the provider’s employees, subcontractors, or agents. (2) INTERVENTION BYTHE DIVISION: (a) The Division may issue a cease and desist order or revoke a provider's certificate of registration if, after notice and an opportunity for a contested case hearing pursuant to ORS chapter 183, the Division finds the provider guilty of violating any provision of the Act, these rules, or orders adopted under the Act. (b) The Division may issue a cease and desist order or apply for injunctive relief or a temporary restraining order if it appears a person has engaged, or is about to engage, in an act or practice that constitutes a violation of any provision of the Act, these rules, or orders adopted under the Act. (c) The Division may issue a cease and desist order for a violation of the Act, these rules, or orders adopted under the Act committed by the provider’s employees, subcontractors, or agents. The order shall be issued to the provider and, when deemed appropriate by the Division, to the persons who violated the Act, these rules, or orders adopted under the Act. (3) RETALIATION PROHIBITED. The provider may not take any retaliatory action against any complainant, including but not limited to the management, staff, and residents of the provider's CCRC facilities. Statutory/Other Authority: ORS 101.150 & 410.090 Statutes/Other Implemented: ORS 101.110 & 101.120 History: SPD 8-2011, f. 3-31-11, cert. ef. 4-1-11 SDSD 5-1999, f. 4-30-99, cert. ef. 5-1-99 SSD 9-1990, f. & cert. ef. 3-26-90
411-067-0100 Promotional Material (1) PROHIBITION REGARDING ENDORSEMENT CLAIM. A provider may not advertise, represent, or imply that a CCRC has been inspected or approved by the State of Oregon or the Division. (2) FEE SCHEDULE. All copies of the provider's fee schedule must state that a copy of the annual disclosure statement is available upon request. (3) OUT-OF-STATE PROVIDER. An organization advertising CCRC services provided in another state may advertise in Oregon without being registered in Oregon only if the advertisement clarifies the state or other government entity through which the organization is licensed or registered. Statutory/Other Authority: ORS 101.150 & 410.090 Statutes/Other Implemented: ORS 101.150 History: SPD 8-2011, f. 3-31-11, cert. ef. 4-1-11 SDSD 5-1999, f. 4-30-99, cert. ef. 5-1-99
411-068-0005 Certificate of Registration Required (1) Any person who operates a RB facility as defined in these rules must obtain a Certificate of Registration (registration) for the facility from the Department prior to providing services and prior to receiving compensation for the services provided. (2) If an operator runs more than one RB facility, each facility must have a separate registration. (3) A change of ownership of a facility requires both a new registration application and a new registration. A registration is non-transferable and does not apply to any location or person other than those indicated on the registration obtained by the Department. (4) When an RB facility is to be sold or otherwise transferred or conveyed to another operator, the new operator must apply for and obtain a new registration prior to the transfer of operation to a new operator. (5) A registration is valid for one year unless revoked or suspended at an earlier date. Statutory/Other Authority: ORS 410.070 & 443.485 Statutes/Other Implemented: ORS 443.480 & 443.500 History: APD 24-2022, amend filed 06/13/2022, effective 07/01/2022 SSD 15-1990, f. 7-30-90, cert. ef. 8-1-90
411-068-0008 Background Check (1) All SI’s must have an approved background check, which for non-operators or non-operator applicants, may include an approved preliminary fitness determination, prior to operating, training in, working in or living in an RB facility. (a) Operators must maintain documentation of preliminary and final fitness determinations with RB facility records in accordance with these rules and the background check rules. (b) Verification may include printed or electronic documentation, which must be readily accessible upon request. (2) The background check may not to be used as a screening tool for hiring. New employees may be offered a position contingent upon passing the background check. (3) A new background check must be completed: (a) Every two years; (b) Prior to any SI’s change in employment position; (c) If the Department has reason to believe a new background check is needed. Statutory/Other Authority: ORS 410.070 & 443.485 Statutes/Other Implemented: ORS 443.480 & 443.500 History: APD 24-2022, adopt filed 06/13/2022, effective 07/01/2022
411-068-0015 Issuance of Certificate of Registration (1) If the Department determines that all requirements of ORS 443.480 to 443.500 and these rules have been met, it shall issue a registration to the applicant for the facility within 60 calendar days of receipt of the completed application and the registration fee. (2) If the Department determines that any of the requirements for registration have not been met, the Department shall notify the applicant within 60 calendar days of receipt of the application materials and the registration fee. The applicant shall have 30 calendar days to come into compliance with the requirements. If the requirements are not met within the time allowed the Department shall issue an order denying the registration. (3) The registration shall include but not be limited to: the name, address and phone number of the operator of the facility; the address and phone number of the facility; the maximum number of tenants who can reside at the facility; the effective date and expiration date of the registration; and a statement in a prominent location and typeface that states: "A certificate of registration does not constitute approval, recommendation or endorsement of a room and board facility by Aging and People with Disabilities program within the Oregon Department of Human Services." (4) The issuance of a registration shall not mean that the Department has inspected, approved or made any representation regarding the quality of a RB facility. (5) A RB facility operator shall not advertise, represent or imply that a home has been inspected or approved by the State of Oregon. Statutory/Other Authority: ORS 410.070 & 443.485 Statutes/Other Implemented: ORS 443.480 & 443.500 History: APD 24-2022, amend filed 06/13/2022, effective 07/01/2022 SSD 15-1990, f. 7-30-90, cert. ef. 8-1-90
411-068-0020 Renewal (1) At least 30 days prior to the expiration of the registration, a reminder notice and application for renewal will be sent by the Department to the current operator. If the Department receives the application for renewal and the annual registration fee of $20 prior to the expiration date, the facility's registration shall remain in force until the Department acts on the application for renewal. If the application for renewal and the fee are not submitted prior to the expiration date, the facility shall be considered an unregistered facility subject to civil penalties. (2) The application for renewal shall include the same information as the original application for registration as specified in OAR 411-068-0010(1). (3) The Department shall respond to the application for renewal in the same manner and within the same periods of time specified in OAR 411-068-0015. Statutory/Other Authority: ORS 410.070 & 443.485 Statutes/Other Implemented: ORS 443.480 & 443.500 History: APD 24-2022, amend filed 06/13/2022, effective 07/01/2022 SSD 15-1990, f. 7-30-90, cert. ef. 8-1-90
411-068-0025 Exceptions (1) An operator or applicant may apply to the Department for an exception from the provisions of these rules. An exception may be granted if the operator proves to the Department by clear and convincing evidence that such an exception will not jeopardize the health, safety, and welfare of the tenants. (2) Any exception will be granted in writing and reviewed at each renewal period. Statutory/Other Authority: ORS 410.070 & 443.485 Statutes/Other Implemented: ORS 443.480 & 443.500 History: APD 24-2022, amend filed 06/13/2022, effective 07/01/2022 SSD 15-1990, f. 7-30-90, cert. ef. 8-1-90
411-068-0030 Waiver of Registration Requirement (1) Any city or county that requires registration or licensure of RB facilities may request a waiver of the requirements of ORS 443.480 to 443.500 for facilities within its jurisdiction. Such a request shall be made in writing to the Department and shall include a copy of the ordinance or regulation and an explanation of why the city or county believes the requirements are substantially similar or superior to the requirements of ORS 443.480 to 443.500 and these rules. (2) If the Department finds that the requirements of the local jurisdiction are substantially similar or superior to ORS 443.480 to 443.500 and these rules, it shall issue a waiver in writing to the local jurisdiction. Such a waiver shall be reviewed by the Department upon amendment of the local ordinance or regulation, or upon amendment of ORS 443.480 to 443.500 or these rules. (3) If the Department finds that the local requirements are not substantially similar or superior to ORS 443.480 to 443.500 and these rules, the Department shall issue a written order to the local jurisdiction denying the request for a waiver. Statutory/Other Authority: ORS 410.070 & 443.485 Statutes/Other Implemented: ORS 443.480 & 443.500 History: APD 24-2022, amend filed 06/13/2022, effective 07/01/2022 SSD 15-1990, f. 7-30-90, cert. ef. 8-1-90
411-068-0035 Identification The Department shall establish and maintain a statewide registry of RB facilities which shall be made available upon request. Statutory/Other Authority: ORS 410.070 & 443.485 Statutes/Other Implemented: ORS 443.480 & 443.500 History: APD 24-2022, amend filed 06/13/2022, effective 07/01/2022 SSD 15-1990, f. 7-30-90, cert. ef. 8-1-90
411-068-0040 Residency Agreement (1) Prior to accepting compensation from or providing services to any elderly or disabled person, the operator or tenant manager and the person seeking residence at the facility shall both sign a residency agreement. Such an agreement shall include: (a) Disclosure of all monthly charges and other fees; (b) A description of all services to be provided. (c) A copy of the house rules, including any restrictions or limitations on the use of the facility by tenants such as use of tobacco or alcohol, use of telephones, visitors, etc. House rules shall not violate landlord tenant laws or these administrative rules; (d) The terms and conditions under which the agreement may be terminated by either party, including any policy on refunds; and (e) If the tenant chooses to have the operator act as representative payee for the payment of the tenant’s Social Security benefits, the residency agreement shall indicate this choice. (2) The residency agreement shall conform to ORS Chapter 90 and 91, and all other state, federal or local statutes, rules or ordinances relating to the rights and responsibilities of landlords and tenants. (3) The operator shall maintain a record of the original signed residency agreement(s) for each tenant. Statutory/Other Authority: ORS 410.070 & 443.485 Statutes/Other Implemented: ORS 443.480 & 443.500 History: APD 24-2022, amend filed 06/13/2022, effective 07/01/2022 SSD 15-1990, f. 7-30-90, cert. ef. 8-1-90
411-068-0045 Standards for Operators of Room and Board Facilities (1) The Department may deny registration to an applicant if any of the following conditions apply: (a) The applicant or tenant manager, if applicable, has been convicted of one or more crimes described in OAR 407-007-0281 or (b) The applicant has had a certificate to operate a RB facility, or a license to operate a foster home or residential care facility denied, suspended, revoked or non-renewed in this or any other state/county if the denial, suspension, revocation or non-renewal was due to abuse of the tenants or a threat to the health and safety of the tenants. The applicant or operator is required to establish to the Department by clear and convincing evidence his/her ability and fitness to operate a RB facility. If the applicant or operator does not meet this burden, the Department shall deny, suspend, revoke or refuse to renew the registration; (A) The applicant or operator is associated with a person whose registration or license for a RB facility, a foster home or residential care facility was denied, suspended, revoked or not renewed due to abuse of the tenants or a threat to the health and safety of the tenants within three years preceding the application, unless the applicant or operator can demonstrate to the Department by clear and convincing evidence that the person does not pose a threat to the tenants; (B) For purposes of this subsection, an applicant or operator is "associated with" a person as described in paragraph (1)(b)(A) of this rule if the applicant or operator: (i) Resides with the person; (ii) Employs the person in the RB facility; (iii) Receives financial backing from the person for the benefit of the facility; (iv) Receives managerial assistance from the person for the benefit of the facility; or (v) Knowingly allows the person to have access to the facility. (2) If a new tenant manager begins employment in that capacity during the time period covered by the registration, the operator shall submit that person's name, birth date, and evidence of a completed background check for the new tenant manager. Statutory/Other Authority: ORS 410.070 & 443.485 Statutes/Other Implemented: ORS 443.480 & 443.500 History: APD 24-2022, amend filed 06/13/2022, effective 07/01/2022 SSD 15-1990, f. 7-30-90, cert. ef. 8-1-90
411-068-0055 Limitation on the Provision of Services in a Room and Board Facility (1) No operator or other employee of a RB facility shall provide care as defined in OAR 411-068-0000 to any tenant of a RB facility. (2) No residency agreement of a RB facility shall contain any promise to provide any service that falls within the definition of care specified in OAR 411-068-0000. (3) Nothing in these rules is meant to prohibit an operator or other employee from aiding a tenant in the self-administration of medication provided that the tenant requests such assistance. (4) Nothing in these rules is meant to prohibit an operator or employee from providing non-care related services to a tenant. (5) No operator or other employee of a RB facility shall provide services or engage in behavior that constitutes a financial conflict of interest including: borrowing from or loaning money to tenants; witnessing wills in which the operator or employee is beneficiary; adding the operator's or employee's name to a tenant’s bank accounts or other personal property; inappropriately expending a tenant’s personal funds; co-mingling the tenant’s funds with the operator's or other tenants’ funds; or becoming guardian or conservator for a tenant. (6) Operators shall make reasonable efforts to refer tenants in need of care services to appropriate social service agencies or medical facilities. If a tenant needs protective services, through self-neglect or inability to provide for his or her own care needs, the operator shall call the Department or the Local Licensing Authority. (7) Operators who wish to provide care to tenants as defined in OAR 411-068-0000 must apply for licensure as an adult foster home or a residential care facility. Statutory/Other Authority: ORS 410.070 & 443.485 Statutes/Other Implemented: ORS 443.480 & 443.500 History: APD 24-2022, amend filed 06/13/2022, effective 07/01/2022 SSD 15-1990, f. 7-30-90, cert. ef. 8-1-90
411-068-0060 Complaints (1) The Department shall issue a notice to each RB facility, which shall include the telephone number of the Department and the Local Licensing Authority and the procedures for making complaints. The notice shall be posted in a conspicuous place available to tenants. (2) Complaints regarding a facility may be made to the Department or Local Licensing Authority by any person, including a tenant of the facility. When a complaint is received, the Department or authorized representative shall investigate the complaint. (3) No operator or employee of a facility shall retaliate against a tenant by increasing charges, decreasing services, rights or privileges; threatening to increase charges or decrease services, rights or privileges; taking or threatening to take any action to coerce or compel the tenant to leave the home; or by harassing, abusing, or threatening to harass or abuse a tenant in any manner related to the filing, or possible filing, of a complaint with the Department. Statutory/Other Authority: ORS 410.070 & 443.485 Statutes/Other Implemented: ORS 443.480 & 443.500 History: APD 24-2022, amend filed 06/13/2022, effective 07/01/2022 SSD 15-1990, f. 7-30-90, cert. ef. 8-1-90
411-068-0065 Complaint Records (1) A record shall be maintained by the Department of all complaints and any action taken on the complaint. Any information regarding the investigation of the complaint shall not be filed in the public file until the investigation has been completed. (2) The name, addresses, and other identifying information of the complainant, the tenant, and any witnesses are confidential and shall not be placed in the public record. (3) Any person has the right to inspect and photocopy the public complaint files maintained by the Department. Disclosure of information for the public complaint file shall be governed by relevant statutes concerning public records and confidentiality. Statutory/Other Authority: ORS 410.070 & 443.485 Statutes/Other Implemented: ORS 443.480 & 443.500 History: APD 24-2022, amend filed 06/13/2022, effective 07/01/2022 SSD 15-1990, f. 7-30-90, cert. ef. 8-1-90
411-068-0070 Access and Inspection (1) Department staff or authorized representative of the Department shall be permitted access to enter and inspect all registered facilities upon receipt of a complaint or other information that gives the Department cause to believe there exists a threat to the health, safety or welfare of the tenants. (2) If an authorized representative of the Department is denied access to enter and inspect a registered facility when investigating a complaint, such denial shall be grounds for suspension, revocation, or non-renewal of registration. (3) When investigating a complaint, an authorized representative of the Department shall be permitted access to the tenants of the facility in order to interview tenants privately and to inspect copies of the residency agreement and other records maintained by the operator. (4) Upon receipt of a complaint or request of the Department, state and local fire inspectors shall be permitted access to enter and inspect a facility regarding fire safety. (5) Upon receipt of a complaint or request of the Department, the Local Licensing Authority, the Oregon Health Authority, state and local authorities shall be permitted access to enter and inspect a facility regarding health and sanitation. (6) If the Department or authorized representative has reasonable cause to believe a facility subject to the requirements of ORS 443.480 to 443.500 is operating without registration, it may request permission to enter the facility to determine if it is in violation of ORS 443.480 to 443.500 and/or it may apply to the district or circuit courts for a search warrant. Statutory/Other Authority: ORS 410.070 & 443.485 Statutes/Other Implemented: ORS 443.480 & 443.500 History: APD 24-2022, amend filed 06/13/2022, effective 07/01/2022 SSD 15-1990, f. 7-30-90, cert. ef. 8-1-90
411-068-0075 Procedures for Correction of Violations (1) If the Department or its authorized representative determines that abuse has occurred in an RB facility, the operator must be notified verbally and in writing to immediately cease the abusive act or to take action to prevent further abuse. (2) If the Department or its authorized representative determines a violation of these rules has occurred, the Department shall notify the operator in writing, by hand delivery, or by regular mail. (3) The notice of violation shall state the following: (a) A description of each condition that constitutes a violation; (b) Each regulation that has been violated; (c) Except in cases of imminent danger, a specific time frame for correction, but no later than 60 calendar days after receipt of the notice; (d) Sanctions that may be imposed against the facility for failure to correct the violations; and (e) Right to contest the violations if an administrative sanction is imposed. (4) During the time frame for correction specified in the notice of violation, the operator or the Department may request a conference to discuss the findings. The conference shall be scheduled within 10 calendar days of a request by either party. (5) The purpose of the conference is to discuss the findings and to provide information to assist the operator in complying with the requirements of these rules. (6) The request by an operator or the Department for a conference shall not extend any previously established time limit for correction. (7) The operator shall notify the Department in writing of correction of violations no later than the date specified in the notice of violation. (8) The Department may conduct an inspection of the facility after the date the Department receives the notice of compliance or after the date by which violations must be corrected as specified in the notice of violation. (9) For violations that present an imminent danger to the health, safety or welfare of tenants, the notice of violation shall order the operator to correct the violations and abate the conditions no later than 24 hours after receipt of the notice of violation, either verbally or in writing. The Department may inspect the home after the 24-hour period to determine if the violations have been corrected as specified in the notice. (10) If tenants are in immediate danger, the registration may be suspended or revoked, and the Department or authorized representative may make arrangements to voluntarily move the tenants. (11) If the violations have not been corrected by the date specified in the notice of violation or if the Department has not received a report of compliance, the Department may institute one or more administrative sanctions. Statutory/Other Authority: ORS 410.070 & 443.485 Statutes/Other Implemented: ORS 443.480 & 443.500 History: APD 24-2022, amend filed 06/13/2022, effective 07/01/2022 SSD 15-1990, f. 7-30-90, cert. ef. 8-1-90