309-040-0440 Civil Penalties (1) Except as otherwise provided in this rule, civil penalties of not less than $100 per violation, and not more than $250 per violation may be imposed for a general violation of these rules . (2) Civil penalties of not less than $100 and not more than $1,000 per occurrence may be imposed for each substantiated abuse finding. (3) The Division must impose a mandatory civil penalty: (a) Up to $500, unless otherwise required by law, for falsifying resident or facility records or causing another to do so; (b) Of $250 for failure to have the provider or qualified substitute caregiver on duty 24 hours per day in the AFH; (c) Of $500, unless otherwise required by law, for admitting a resident knowing the resident’s needs exceed the ability of the AFH and the admission places the resident or other residents in the AFH at risk of harm; (d) Of $250 for operating an unlicensed AFH; (e) Of $250 for dismantling or removing the battery from, or failing to install, any required smoke detector or carbon monoxide alarm; (f) Of $500 for interfering with or retaliating against an individual making a good faith disclosure of information concerning abuse of an individual receiving care and services in an AFH; (4) Violations requiring a mandatory civil penalty that occurred while the provider was operating the AFH will be imposed by the Division even if the provider subsequently closes the AFH or voluntarily surrenders the license. (5) The provider may request a hearing in writing within 21 calendar days after the date the notice was personally served or mailed. If the provider fails to request a hearing in writing, or the request is not timely, the notice will become a final order of the Division by default. (6) In addition to, or in-lieu of, a contested case hearing, a provider may request an informal conference with the Division to discuss the administrative sanction. The informal conference does not diminish the provider’s right to a hearing. A request for informal conference does not delay, extend, or otherwise affect the 21 days allowed to request a hearing. (7) Civil penalties imposed under this section become due and payable 10 calendar days after the notice imposing the civil penalty becomes final by operation of law or on appeal. Unless the penalty is paid within 10 calendar days after the order becomes final, the order constitutes a judgment and may be recorded by the county clerk, which becomes a lien upon the title to any interest in real property owned by that person. The Division may also initiate a notice of revocation for failure to comply with a final order. (8) Civil penalties are subject to judicial review under ORS 183.480, except that the court may, at its discretion, reduce the amount of the penalty. (9) All penalties recovered under ORS 443.790 to 443.815 are paid to the Long-Term Care Ombudsman Account established in ORS 441.419 Statutory/Other Authority: ORS 413.042 Statutes/Other Implemented: ORS 443.705 - 443.825 History: BHS 5-2025, amend filed 02/28/2025, effective 03/01/2025 MHS 9-2017, f. 6-29-17, cert. ef. 7-1-17 MHS 3-2017(Temp), f. 3-3-17, cert. ef. 3-4-17 thru 8-30-17 MHS 14-2016(Temp), f. 9-6-16, cert. ef. 9-7-16 thru 3-3-17 Renumbered from 309-040-0097, MHD 3-2005, f. & cert. ef. 4-1-05 MHD 1-1992, f. & cert. ef. 1-7-92 (and corrected 1-31-92)