justicedao/ipfs_state_laws huggingface dataset:
333-035-0270 Formal Enforcement (1) If during an investigation or survey Authority staff document a substantial failure to comply with hospice program licensing laws or conditions of participation, or if a hospice program fails to pay a civil penalty imposed under ORS 443.869 and these rules, the Authority may issue a Notice of Proposed Suspension or Notice of Proposed Revocation in accordance with ORS 183.411 through 183.471. (2) The Authority may issue a Notice of Imposition of Civil Penalty for violations of hospice program licensing laws. (3) At any time the Authority may issue a Notice of Emergency License Suspension under ORS 183.430. (4) If the Authority revokes a hospice program license, the order shall specify when, if ever, the hospice program may reapply for a license. (5) The Authority may reinstate a hospice program license that has been suspended after the Authority determines that compliance with these rules have been achieved. Statutory/Other Authority: ORS 443.860 Statutes/Other Implemented: ORS 443.860 History: PH 6-2023, amend filed 01/27/2023, effective 01/27/2023 PH 204-2022, renumbered from 333-035-0090, filed 11/18/2022, effective 11/18/2022 PH 19-2010, f. 8-30-10, cert. ef. 9-1-10
333-035-0280 Civil Penalties (1) In addition to any other liability or penalty provided by law, the Authority may impose a civil penalty of $1,000 per day, up to $10,000 in any 30-day period, for any of the following: (a) Violation of any of the terms or conditions of a license issued under these rules; (b) Violation of any of these rules or an order issued by the Authority to a hospice program licensed under these rules; (c) Violation of any final order of the Authority that pertains specifically to a hospice program owned or operated by the person incurring the penalty; or (d) Violation of ORS 443.860 or the rules adopted under ORS 443.860. (2) In determining the amount of a civil penalty, the Authority shall consider whether: (a) The Authority made repeated attempts to obtain compliance; (b) There is a history of noncompliance with hospice program licensing laws; (c) The violation poses a serious risk to the public's health; (d) The person or licensee gained financially from the noncompliance; and (e) There are mitigating factors, such as a person or licensee's cooperation with an investigation or actions to come into compliance. (3) The Authority shall document its consideration of the factors in section (2) of this rule. (4) Each day a violation continues is an additional violation. (5) Civil penalties under this section shall be imposed in the manner provided by ORS 183.745. Statutory/Other Authority: ORS 443.860 Statutes/Other Implemented: ORS 443.869 History: PH 6-2023, amend filed 01/27/2023, effective 01/27/2023 PH 204-2022, renumbered from 333-035-0095, filed 11/18/2022, effective 11/18/2022 PH 19-2010, f. 8-30-10, cert. ef. 9-1-10
333-035-0290 Approval of Accrediting Organizations (1) An accrediting organization must request approval by the Authority to accredit hospice programs in Oregon. (2) An accrediting organization shall request approval in writing and shall provide, at a minimum: (a) Evidence that it is recognized as a CMS-approved accrediting organization; or (b) Documentation of program policies and procedures that the accreditation meets standards and conditions established for hospice programs by CMS; (c) Accreditation history; and (d) References from a minimum of two hospice programs currently receiving services from the organization. (3) If the Authority finds that an accrediting organization’s qualifications are equal to or exceed state licensing requirements in Oregon, the Authority may enter into an agreement with the accrediting organization permitting it to accredit hospice programs in Oregon. Statutory/Other Authority: ORS 443.860 Statutes/Other Implemented: ORS 443.860 History: PH 6-2023, amend filed 01/27/2023, effective 01/27/2023 PH 204-2022, renumbered from 333-035-0100, filed 11/18/2022, effective 11/18/2022 PH 19-2010, f. 8-30-10, cert. ef. 9-1-10
333-035-0300 Waivers (1) While all hospice programs are required to maintain continuous compliance with these rules, these requirements do not prohibit the use of alternative concepts, methods, procedures, techniques, equipment, facilities, personnel qualifications or the conducting of pilot projects or research. A request for a waiver from a rule must be submitted to the Oregon Health Authority (Authority) in writing and include the following information: (a) Identification of the specific rule for which a waiver is requested; (b) The special circumstances relied upon to justify the waiver; (c) What alternatives were considered, if any, and why alternatives (including compliance) were not selected; (d) Information demonstrating that the proposed waiver is desirable to maintain or improve the health and safety of the patients, to meet the individual and aggregate needs of patients, and will not jeopardize patient health and safety; (e) For an initial waiver request or any request to renew a waiver, a description of the following: (A) Possible impacts that the proposed waiver may have on persons from different backgrounds and cultures, including but not limited to individuals of color, individuals with disabilities, individuals with limited English proficiency, people or households with lower incomes, and individuals who identify as lesbian, gay, bisexual, transgender, queer, two-spirit, intersex, asexual, nonbinary, or another minority gender identity or another sexual orientation; (B) How the impact was determined; and (C) Proposed steps to mitigate the impact on disproportionately affected populations; and (f) The proposed duration of the waiver. (2) Upon finding that the hospice program has satisfied the conditions of this rule, the Authority may grant a waiver. (3) A hospice program may not implement a waiver until it has received written approval from the Authority. (4) During an emergency the Authority may waive a rule that a hospice program is unable to meet, for reasons beyond the hospice program's control. If the Authority waives a rule under this section, it shall issue an order, in writing, specifying which rules are waived, which hospice programs are subject to the order, and how long the order shall remain in effect. Statutory/Other Authority: ORS 443.860 Statutes/Other Implemented: ORS 443.860 History: PH 16-2026, amend filed 01/29/2026, effective 02/01/2026 PH 6-2023, adopt filed 01/27/2023, effective 01/27/2023
333-039-0005 Purpose These rules govern health and safety at outdoor mass gatherings pursuant to ORS 433.735 through 433.770. Organizers of such gatherings must apply for a permit to the county governing body of the county in which an outdoor mass gathering is to take place. Applications for permits must be accompanied by sufficiently detailed plans, specifications, and reports from which it can be determined by the county governing body and other reviewing public officials and agencies that there is or will be compliance with these rules. Statutory/Other Authority: ORS 433.740 & 433.760 Statutes/Other Implemented: ORS 433.740 History: HD 32-1985, f. & ef. 12-9-85 HD 18-1985(Temp), f. & ef. 9-26-85 HD 2, f. 9-15-71, ef. 10-1-71
333-039-0010 Definitions As used in these rules unless the context requires otherwise: (1) “Division” means Oregon Health Authority, Public Health Division. (2) “Outdoor Mass Gathering” means an actual or reasonably anticipated assembly of more than 3,000 persons which continues or can reasonably be expected to continue for more than 24 consecutive hours but less than 120 hours within any three month period and which is held primarily in open spaces and not in any permanent structure. (3) “Organizer” includes any person who holds, stages, or sponsors an outdoor mass gathering and the owner, lessee, or possessor of the real property upon which the outdoor mass gathering is to take place. (4) “Oregon Physician” means a person licensed by the Oregon State Board of Medical Examiners or any other physician authorized to practice medicine and surgery in any part of Oregon. (5) “Nurse” means a licensed professional nurse. (6) “Ambulance” means any privately or publicly owned motor vehicle, aircraft or marine craft that is regularly provided or offered to be provided for the emergency transportation of persons suffering from illness, injury, or disability and which is equipped, staffed and licensed in accordance with OAR 333-028-0000 to 333-028-0065. (7) “Temporary Structure” includes tents, trailers, chemical toilet facilities and other structures customarily erected or sited for temporary use. Statutory/Other Authority: ORS 433.740 & 433.760 Statutes/Other Implemented: ORS 433.740 History: HD 32-1985, f. & ef. 12-9-85 HD 18-1985(Temp), f. & ef. 9-26-85 HD 2, f. 9-15-71, ef. 10-1-71
333-039-0020 Drainage (1) The site selected for the outdoor mass gathering shall have good natural drainage. Areas which are swampy, or areas known to be susceptible to flash flooding are not acceptable. (2) Roads at the outdoor mass gathering site shall be provided with culverts, tiles, and ditching wherever needed to protect such roads from erosion due to precipitation. Statutory/Other Authority: ORS 433.763 Statutes/Other Implemented: ORS 433.763 History: HD 2, f. 9-15-71, ef. 10-1-71
333-039-0030 Refuse Storage and Disposal (1) All refuse and solid waste shall be stored in fly-tight containers constructed of impervious material. (2) Containers for refuse and solid waste storage shall be provided at a minimum ratio of one 30 gallon container for each 16 persons or fraction thereof anticipated or one cubic yard of container capacity for each 125 persons or fraction thereof anticipated. (3) All refuse and solid waste shall be removed from storage containers at least once every 24 hours and transported and disposed of in a manner which is authorized and complies with state and local laws, ordinances and regulations. Statutory/Other Authority: ORS 433.760 Statutes/Other Implemented: ORS 433.760 History: HD 2, f. 9-15-71, ef. 10-1-71
333-039-0040 Emergency Medical Facilities (1) There shall be present at the outdoor mass gathering site for emergency medical services, physicians and nurses in the following ratios: (a) Daylight Hours — At least one Oregon physician plus sufficient other physicians (licensed to practice medicine and surgery in any of the 50 states of the United States) to provide a ratio of one for each 10,000 persons attending or fraction thereof and one nurse for each 7,500 persons attending or fraction thereof; (b) Nighttime Hours — (1 a.m. to 7 a.m.) — At least one Oregon physician plus sufficient other physicians (licensed to practice medicine and surgery in any of the 50 states of the United States) to provide a ratio of one for each 20,000 persons attending or fraction thereof and one nurse for each 15,000 persons attending or fraction thereof. (2) Facilities shall be provided in which physicians can provide patient care and treatment. The facility shall be enclosed, protected from the elements, and shall have chairs, examining tables with stirrups, and locked cabinets for equipment and medicine. All necessary medicine and instruments for conducting minor surgery and examinations shall be available. (3) Lighting within the emergency medical facilities shall be provided and shall be not less than 200 foot candles in areas where treatment and minor surgery are conducted. (4) Attending physicians shall keep accurate records of patients and treatment, and shall notify the local health officer of all cases involving a communicable disease. (5) Temporary holding facilities shall be provided for the sick and injured while awaiting transport to a hospital. The facility shall be enclosed, protected from the elements, and shall be furnished with one cot or bed for each 1,000 persons anticipated or fraction thereof. (6) Communication, either telephone or radio-telephone, shall be provided to summon aid or notify the nearest hospital, law enforcement, or fire protection agency, as required. (7) Ambulances shall be provided at the outdoor mass gathering for emergency evacuation of sick and injured persons at a ratio of one ambulance for each 10,000 persons anticipated or fraction thereof. Statutory/Other Authority: ORS 433.760 Statutes/Other Implemented: ORS 433.760 History: HD 32-1985, f. & ef. 12-9-85 HD 18-1985(Temp), f. & ef. 9-26-85 HD 2, f. 9-15-71, ef. 10-1-71
333-039-0045 Fire Protection (1) Each camping space shall be a minimum of 1,000 square feet or large enough to accommodate a parked camping vehicle, tent vehicle or tent, as the case may be, and to maintain at least 15 feet separation from any other camping vehicle, tent vehicle or tent, building, structure, or property line. (2) The organizer shall secure a written statement from the local fire protection agency having jurisdiction that fire protection complies with state and local laws, ordinances, and regulations, and is satisfactory with respect to anticipated crowds and location of the outdoor mass gathering. Statutory/Other Authority: ORS 433.760 Statutes/Other Implemented: ORS 433.760 History: HD 2, f. 9-15-71, ef. 10-1-71
333-039-0050 Security Personnel (1) The organizer shall maintain an accurate count of persons attending the outdoor mass gathering and shall provide adequate security arrangements to limit further admissions to the outdoor mass gathering when the anticipated number of persons have been admitted. (2) The organizer shall secure a written statement from the chief law enforcement officer of the county in which the outdoor mass gathering is to take place that arrangements for security and the orderly flow of traffic to and from the outdoor mass gathering complies with state and local laws, ordinances, and regulations, and is satisfactory with respect to anticipated crowds and location of the outdoor mass gathering. Statutory/Other Authority: ORS 433.760 Statutes/Other Implemented: ORS 433.760 History: HD 2, f. 9-15-71, ef. 10-1-71
333-039-0055 Traffic (1) The organizer shall provide easily accessible roads of all-weather construction at the outdoor mass gathering site. (2) All roads shall be graded so as to be self-draining and shall be maintained in such condition that emergency and other required vehicles can move upon them unencumbered and can carry out their functions at all times. (3) An ungraveled dirt road shall not be considered as being an all-weather road. (4) No road or portion of any road constructed shall exceed a maximum grade of 12 percent. (5) The organizer shall acquire approval from the local agency having jurisdiction for fire safety that the minimum width of all roads complies with state and local laws, ordinances, and regulations, and is satisfactory with respect to anticipated crowds and locations of the outdoor mass gatherings. (6) The organizer shall provide and designate a suitable area at the outdoor mass gathering for parking of motor vehicles: (a) The total area provided for motor vehicle parking shall be based on the following ratio: 300 square feet for every four persons anticipated; (b) Each motor vehicle parking space shall have a minimum width of ten feet and a minimum length of twenty feet and shall be clearly marked with lime; (c) The motor vehicle parking spaces shall be arranged to eliminate blockage of parked vehicles and allow vehicles free access to exits at all times. Statutory/Other Authority: ORS 433.760 Statutes/Other Implemented: ORS 433.735 - 433.770 History: PH 8-2007, f. & cert. ef. 6-20-07 HD 2, f. 9-15-71, ef. 10-1-71
333-040-0010 Purpose and Scope (1) Purpose: The purpose of these rules is to implement ORS 453.855–453.912 and Oregon Laws 1999, Chapter 861 and provide a means whereby property found to be unfit fit for use due to chemical contamination that may result from illegal drug manufacturing can be evaluated, decontaminated and returned to use. (2) Scope: These rules apply to any property as defined in ORS 453.858 and Oregon Laws 1999, Chapter 861 and also includes the following: criteria used by agencies when determining property unfit for use; maintenance of listing of unfit for use properties; property owner responsibilities; assessment, decontamination, sampling and testing procedures; requirements for demolition and disposal of property contents; disclosure requirements for property sale or transfer; qualifications for decontamination and sampling personnel; licensing requirements for decontamination contractors; requirements for inspections and consultations by the Public Health Division; Public Health Division fees and reciprocity requirements; and contractor penalties. Statutory/Other Authority: ORS 453.864 Statutes/Other Implemented: ORS 453.855 - 453.912 History: OHD 1-2000, f. & cert. ef. 1-24-00 OHD 2-1998, f. & cert. ef. 2-13-98 HD 20-1990, f. 6-29-90, cert. ef. 7-1-90 (and corrected 7-13-90)
333-040-0020 Definitions (1) “Agent of the Owner” — means a current employee of the owner of record who was in the employ of that owner at the time the property was determined to be an illegal drug manufacturing site; or is a current employee of any new owner and who was an employee of that owner at the time the property was sold or transferred to that owner prior to decontamination. (2) “Certificate of Fitness” — means a certificate issued for a particular property by the Public Health Division indicating that the property is fit for use. (3) “Contractor” — means a contractor licensed by the Public Health Division under these rules to perform assessment and decontamination activities at illegal drug manufacturing sites. (4) “Decontamination” and “Contamination Reduction” — mean reduction in levels of known contaminants to the lowest practical level, as determined by the Public Health Division, using currently available methods and processes. (5) “Division” — means Oregon Health Authority, Public Health Division. (6) “Full disclosure” — means written notice to a prospective buyer or recipient of any illegal drug manufacturing site as set forth in OAR 333-040-0100. (7) “Owner” — means: (a) For real property, the owner of record as disclosed by the records of the recorder in the county where the property is located; or, (b) For personal property for which a certificate of title or ownership has been issued, the person shown as owner on such certificate. (8) “Reasonable grounds” — includes, but is not limited to, the presence of chemicals, substances, apparatus and chemical residues commonly associated with an illegal drug manufacturing site. (9) “Unfit for Use” — means a determination made by an agency as listed in ORS 453.876 that a property is an illegal drug manufacturing site and may be contaminated with hazardous chemicals or substances. (10) “Unfit for Use listing” — means a listing of properties in Oregon that have been determined to be illegal drug manufacturing sites, and that have not been issued a Certificate of Fitness. The list is maintained by the Department of Consumer and Business Services-Building Codes Division, pursuant to ORS 453.879. (11) “Use” — means occupancy or entry for any reason including, but not limited to, entry for such things as cleaning, remodeling, repairs, or demolition, except as allowed in ORS 453.873, 453.876, 453.885 and Oregon Laws 1999, Chapter 861. Statutory/Other Authority: ORS 453.864 Statutes/Other Implemented: ORS 453.855 - 453.912 History: OHD 1-2000, f. & cert. ef. 1-24-00 OHD 2-1998, f. & cert. ef. 2-13-98 HD 20-1990, f. 6-29-90, cert. ef. 7-1-90 (and corrected 7-13-90)
333-040-0050 Determination of Unfitness for Use (1) The determination that a property is unfit for use applies to any property that is known to have been used as an illegal drug manufacturing site, or for which there are reasonable grounds to believe that the property has been used as an illegal drug manufacturing site. (2) Any owner of a property that was an illegal drug manufacturing site prior to August 3, 1989 may obtain a Certificate of Fitness by following all the procedures and meeting all the criteria of these rules. (3) An agency determining property unfit for use shall proceed as follows: (a) Notify the owner or agent of the affected property by personal service or by certified mail sent within 3 working days of the determination. Proof of such mailing shall be considered service. Proof of actual delivery is not required. Where the owner of record or the title or certificate holder is not listed in public records or cannot be reasonably notified, service of notice on the registered agent or other designated agent is sufficient; (b) Mail a copy of the notice to the owner/agent as required in subsection (3)(a) of this rule to the Division. The Division shall notify the State Building Codes Division, the Department of Motor Vehicles, the State Marine Board and/or other affected agencies; and (c) Post a standard warning notice provided by the Division at all entrances to the contaminated property at the time of the determination. Such notice(s) shall be displayed continuously until a Certificate of Fitness has been issued by the Division. (4) The notice required in subsection (3)(a) of this rule shall include all of the specific information in the sample notice available from the Division, but need not be identical in form. This notice shall also include a statement that the owner may obtain a hearing by making a written request to the agency making the determination within 30 days. Statutory/Other Authority: ORS 453.864 Statutes/Other Implemented: ORS 453.855 - 453.912 History: OHD 1-2000, f. & cert. ef. 1-24-00 OHD 2-1998, f. & cert. ef. 2-13-98 HD 20-1990, f. 6-29-90, cert. ef. 7-1-90 (and corrected 7-13-90)
333-040-0060 Unfit for Use Listing by State Department of Consumer and Business Services, Building Codes Division (1) The Director of the State Department of Consumer and Business Services shall place the property on an official unfit for use listing after it receives a copy of a notice of determination that a property is unfit for use from the Division, or any owner of record. The State Department of Consumer and Business Services — Building Codes Division shall update and distribute the list according to their rules. (2) To remove a property from the unfit for use list, the owner must provide the Division written proof that: (a) The determination that the property is unfit for use has been reversed by the agency that made the initial determination; or (b) The determination by the agency that made the initial determination has been reversed by a court of law; or (c) A Certificate of Fitness has been issued for the property. Statutory/Other Authority: ORS 453.864 Statutes/Other Implemented: ORS 453.855 - 453.912 History: OHD 1-2000, f. & cert. ef. 1-24-00 OHD 2-1998, f. & cert. ef. 2-13-98 HD 20-1990, f. 6-29-90, cert. ef. 7-1-90 (and corrected 7-13-90)