737-020-0080 Provider Sanctions (1) ODOT-TSO may impose sanctions when it determines a provider has violated any provision of Oregon Laws 2017, chapter 629, section 4 or administrative rules promulgated by ODOT-TSO. (2) In determining an appropriate sanction, ODOT may consider the following criteria: (a) The severity of the violation; (b) The impact of the violation on participants; (c) The number of similar or related violations by the provider; (d) Whether the violation was willful or intentional; or (e) The history of prior sanctions imposed by ODOT-TSO. (3) ODOT-TSO may impose sanctions when it determines violations have occurred or are occurring. ODOT-TSO may issue any level of sanction it considers appropriate to the specific violation. Sanctions may include one or more of the following: (a) Warning; (b) Suspension from the approved list up to one year; or (c) Revocation of approved status, removal from the approved list, and a prohibition on applying for approval for up to five years. (4) Reasons that ODOT may sanction a provider include, but are not limited to, the following: (a) Misrepresenting information to obtain or maintain approved provider status, regardless of when the misrepresentation is discovered: (A) Misrepresenting the program or its delivery; (B) Misrepresenting or failing to maintain eligibility requirements; or (C) Falsely claiming to correct program deficiencies. (b) Knowingly making a false statement or representation to ODOT-TSO or an actual or prospective course participant for the purpose of obtaining benefit to the provider; (c) Failing to adhere to an approved curriculum or a policy adopted under OAR 737-020-0050(1) (d) Failing to correct deficiencies identified by ODOT-TSO, or to provide a complete response a Warning addressing each deficiency, within stated timelines; (e) Failing to abide by any applicable OAR or ORS; (f) Failing to submit required forms or information by the due date; (g) Issuing a Completion Certificate to a participant who has not successfully completed the approved course, or failing to promptly issue a Completion Certificate to a qualified participant who has successfully completed the approved course; or (h) Failing to update course curriculum at least every three years or when directed to do so by ODOT-TSO within a given time period. (5) The provider may provide ODOT-TSO with evidence of any mitigating circumstances related to alleged rule violations, which may include the provider’s ability to comply or the degree of difficulty to comply. (6) When ODOT-TSO takes action to suspend or revoke an approved provider ODOT-TSO will send notice to the approved provider. The notice will be in writing and state that the suspension or revocation will begin in 30 calendar days from the date on the notice. The notice will be served by first class mail sent to the current address on record with ODOT-TSO. (7) If ODOT-TSO suspends or revokes a provider, individuals who owned, operated, or knowingly participated in the violations of the provider at the time of the act may not, for the full term of the suspension or revocation, own, operate or participate in an ODOT-TSO approved distracted driving avoidance course. (8) A suspended or revoked provider may not schedule participants for distracted driving avoidance courses, accept course fees or conduct distracted driving avoidance courses for an ODOT-approved program for the full term of suspension or revocation. (9) A suspended or revoked provider must issue course fee refunds to enrolled participants who are monetarily affected by the suspension or revocation. Statutory/Other Authority: ORS 184.619, 811.507 & 811.508 Statutes/Other Implemented: OL 2017, ch 629 sec. 4 History: TSD 27-2021, minor correction filed 07/29/2021, effective 07/29/2021 TSD 1-2018, adopt filed 03/19/2018, effective 03/19/2018 TSD 1-2017, temporary adopt filed 11/17/2017, effective 11/17/2017 through 05/15/2018