justicedao/ipfs_state_laws huggingface dataset:
333-540-0070 Informal Enforcement (1) If, during an investigation or survey Division staff document violations of a law governing a caregiver registry, the Division may issue a statement of deficiencies that cites the law alleged to have been violated and the facts supporting the allegation. (2) A signed and dated plan of correction must be received by the Division within 10 business days from the date the statement of deficiencies was mailed to the caregiver registry. A signed plan of correction will not be used by the Division as an admission of the violations alleged in the statement of deficiencies. (3) A caregiver registry shall correct all deficiencies within 60 days from the date of the exit conference, unless an extension of time is requested from the Division. A request for such an extension shall be submitted in writing and must accompany the plan of correction. (4) The Division shall determine if a written plan of correction is acceptable. If the plan of correction is not acceptable to the Division, the Division shall notify the owner of the caregiver registry, in writing or by telephone: (a) Identifying which provisions in the plan the Division finds unacceptable; (b) Citing the reasons the Division finds them unacceptable; and (c) Requesting that the plan of correction be modified and resubmitted no later than 10 working days from the date the letter of non-acceptance was mailed to the owner. (5) If the caregiver registry does not come into compliance by the date of correction reflected on the plan of correction or 60 days from date of the exit conference, whichever is sooner, the Division may propose to deny, suspend, or revoke the caregiver registry's license, or impose civil penalties. Statutory/Other Authority: ORS 443.105 Statutes/Other Implemented: ORS 443.045 & 443.105 History: PH 9-2010, f. 6-17-10, cert. ef. 7-1-10
333-540-0075 Formal Enforcement (1) If, during an investigation or survey, Division staff document a failure to comply with caregiver registry laws, the Division may issue a Notice of Proposed Suspension or Notice of Proposed Revocation in accordance with ORS 183.411 through 183.470. (2) The Division may issue a Notice of Imposition of Civil Penalty for violations of caregiver registry laws. (3) At any time the Division may issue a Notice of Emergency License Suspension under ORS 183.430(2). (4) If the Division revokes a caregiver registry license, the order shall specify when, if ever, the caregiver registry may reapply for a license. Statutory/Other Authority: ORS 443.105 Statutes/Other Implemented: ORS 443.045 & 443.105 History: PH 9-2010, f. 6-17-10, cert. ef. 7-1-10
333-540-0080 Civil Penalties (1) A caregiver registry that violates caregiver registry laws, including OAR 333-540-0065 (violations), is subject to the imposition of a civil penalty not to exceed $1,000 per violation and may not total more than $2,000. (2) In determining the amount of a civil penalty, the Division shall consider whether: (a) The Division made repeated attempts to obtain compliance; (b) The licensee has a history of noncompliance with caregiver registry laws; (c) The violation poses a serious risk to the public's health; (d) The licensee gained financially from the noncompliance; and (e) There are mitigating factors, such as a licensee's cooperation with an investigation or actions to come into compliance. (3) The Division shall document its consideration of the factors in section (2) of this rule. (4) Each day a violation continues is an additional violation. (5) A civil penalty imposed under this rule shall comply with ORS 183.745. Statutory/Other Authority: ORS 443.105 Statutes/Other Implemented: ORS 443.045 History: PH 9-2010, f. 6-17-10, cert. ef. 7-1-10
333-540-0085 Return of Agency License A caregiver registry shall return its license to the Division immediately if the registry: (1) Voluntarily decides to stop operating a registry; (2) Has its license suspended or revoked; or (3) Fails to renew its license. Statutory/Other Authority: ORS 443.105 Statutes/Other Implemented: ORS 443.045 History: PH 9-2010, f. 6-17-10, cert. ef. 7-1-10
333-540-0090 Applicability of Rules (1) A caregiver registry already in operation on July 1, 2010 shall apply to the Division for a license and pay the applicable fee by August 1, 2010. (2) The Division shall allow a caregiver registry already in operation on July 1, 2010, three months from its date of application before an on-site inspection is conducted, in order to allow a caregiver registry to come into compliance with these rules. (3) A caregiver registry already in operation on July 1, 2010 shall conduct criminal background checks on all caregivers placed on its registry prior to July 1, 2010 if the caregiver has not had a criminal background check in the last three years. Statutory/Other Authority: ORS 443.105 Statutes/Other Implemented: ORS 443.035, 443.100 & 443.105 History: PH 9-2010, f. 6-17-10, cert. ef. 7-1-10
333-545-0010 Purpose and Applicability of Rules (1) OAR 333-545 through 670 establish procedures for the certificate of need program. (2) OAR 333-545 through 670 apply to the division and persons subject to provisions of the certificate of need law. (3) The authority for OAR 333-545 through 670 is ORS 431.120(6) and 442.315. Statutory/Other Authority: ORS 431.120(6) & 442.315 Statutes/Other Implemented: ORS 431.120(6) & 442.315 History: OHD 11-1998, f. & cert. ef. 10-22-98 HD 13-1994, f. & cert. ef. 4-22-94
333-555-0000 Letters of Intent, Required (1) Pursuant to ORS 442.315(2), all applicants for a certificate of need shall submit a letter of intent. Such letter of intent shall be filed prior to implementing any part of the project. In cases in which more than one party is potentially subject to review, both parties shall file letters of intent. However, as provided in OAR 333-570-0010(3), only one application will be required if such a project is ruled subject to review. (2) Letters of intent shall be sent to the Public Health Division. (3) If the division believes that any person is considering or undertaking a project for which a certificate of need might be required or for which a letter of intent is required under section (1) of this rule, but that person has not submitted a letter of intent, the division may order the person to submit a letter of intent for the project, or may institute proceedings in the circuit courts to enforce obedience to applicable statutes, rules, or orders by injunction or by other processes, mandatory or otherwise, as provided in ORS 442.315(10). Statutory/Other Authority: ORS 431.120(6) & 442.315 Statutes/Other Implemented: ORS 431.120(6) & 442.315 History: OHD 11-1998, f. & cert. ef. 10-22-98 HD 13-1994, f. & cert. ef. 4-22-94
333-555-0010 Letters of Intent, Filing Periods (1) Applicants may submit letters of intent at any time during the calendar year. (2) Applications which are ruled subject to full review under OAR 333-555-0030(1) may not be filed sooner than the first day of the month following the publication and mailing of notice of the letter of intent in the Certificate of Need Update, published monthly by the division. For example, a letter of intent submitted in the first half of May would have a notice published in the June 1 edition of the Certificate of Need Update. The application could then be submitted no earlier than July 1. (3) A letter of intent automatically expires 365 days following the division’s ruling under OAR 333-555-0030. No extension will be granted. An applicant may anticipate the expiration of a current letter of intent by filing a new letter of intent, upon which the division will rule under OAR 333-555-0030. In order to ensure that the previous letter of intent does not expire before an application can be submitted under the new letter of intent, the applicant should file the new letter of intent at least 60 days in advance of the expiration of the previous letter of intent. Statutory/Other Authority: ORS 431.120(6) & 442.315 Statutes/Other Implemented: ORS 431.120(6) & 442.315 History: HD 13-1994, f. & cert. ef. 4-22-94
333-555-0020 Letters of Intent, Application Form (1) The contents of the letter of intent shall provide sufficient information to support necessary rulings by the division. The division shall determine, from the letter of intent, whether or not the proposed project is subject to the certificate of need law. A person submitting a letter of intent shall disclose all information which may affect the division’s ruling under certificate of need law. There shall be sufficient information to determine the provision(s) of division 550 of this chapter under which a project may be subject. There shall also be sufficient information to determine whether review of the project may be abbreviated under division 560 of this chapter. Finally, sufficient information shall be provided so that other parties with an interest in the project may have fair opportunity to submit inquiries, letters of intent, and competing applications for delayed review under division 560 of this chapter. (2) The letter of intent shall be submitted on Form LOI-1. If additional information is needed to meet the requirements of section (1) of this rule, the division shall inform the person filing the letter of intent in advance or in response to the letter of intent under OAR 333-555-0030(1)(d). [ED. NOTE: Forms referenced are available from the agency.] Statutory/Other Authority: ORS 431.120(6) & 442.315 Statutes/Other Implemented: ORS 431.120(6) & 442.315 History: HD 13-1994, f. & cert. ef. 4-22-94
333-560-0020 Procedures for Abbreviated Review (1) Abbreviated review may be granted by the division either upon request by the applicant or on the division’s own initiative. Decisions to grant or to not grant abbreviated review shall be based on a letter of intent which has been properly filed by the applicant under OAR 333-555-0000 through 333-555-0020 and on the division’s findings concerning the applicable criteria for abbreviated review under OAR 333-560-0010. In addition to a letter of intent, applicants seeking abbreviated review shall submit information and narrative necessary to allow the division to make findings regarding the applicable criteria for abbreviated review. (2) The division shall provide written notification to the applicant that abbreviated review is: (a) Denied and state the reason; or (b) Granted. (3) If abbreviated review is granted, the proposal is exempt from the full review process detailed in division 570 of this chapter, with the exception of OAR 333-570-0070(4) through (10); and from the application requirements and review criteria established in division 580. The notification to the applicant shall include a proposed order granting the certificate of need. Such an order shall contain findings sufficient to justify the granting of abbreviated review, but need contain no other findings. (4) The proposed order on an abbreviated review is subject to an informal hearing, as provided in OAR 333-570-0070(5) through (9). Notwithstanding the provisions of OAR 333-570-0070(8), within ten days following the close of an informal hearing on an abbreviated review, the division will either issue a final order approving the application, or will rescind its granting of abbreviated review and require the project to undergo full review. (5) The granting of abbreviated review may be rescinded following an informal hearing only if: (a) The division finds that the project does not meet the criteria for abbreviated review; or (b) The division finds that significant issues have been raised regarding the appropriateness of the proposed project. (6) The final order in an abbreviated review is subject to a reconsideration hearing, as provided in OAR 333-570-0070(10) and division 670 of this chapter. (7) Projects granted a certificate of need under the abbreviated review provisions are not exempt from the monitoring and reporting requirements of OAR 333-575-0000 and 333-575-0010. Statutory/Other Authority: ORS 431.120(6) & 442.315 Statutes/Other Implemented: ORS 431.120(6) & 442.315 History: HD 13-1994, f. & cert. ef. 4-22-94
333-560-0030 Delayed or Simultaneous Review (1) An applicant who has submitted a letter of intent may request the division to delay consideration of an application for the purpose of simultaneous review. The division may, on its own initiative, delay consideration of an application pursuant to subsection (1)(b) and section (2) of this rule: (a) The requesting party must state reasons for the request which shall include the determination in section (2) of this rule and must show reasonable evidence supporting the request; (b) A request and determination that an application will be subject to simultaneous review must be made prior to the first of the affected applications being declared complete by the division. Although a determination may be made at the letter of intent stage, delay of review will not begin until the application is submitted and declared complete. However, if a delay is already in effect, additional applications may be considered as part of the simultaneous review process if they are declared complete before one of the events in section (3) of this rule occurs. (2) The division may delay the consideration of an application for the purpose of simultaneous review when the division has determined that all of the following conditions have been met: (a) More than one letter of intent sufficient for a ruling by the division has been received; (b) Each letter of intent proposes to provide a similar service or to meet closely related needs to substantially the same area and population; (c) There is a reasonable expectation that the approval of two or more applications in question may not be justified; and (d) There is a reasonable expectation that the additional application(s) to be submitted will be declared complete by the division not later than 105 days after the division commences the delay of the first application held for simultaneous review. (3) The start of review of an application must occur the day after the first of the following events: (a) Lapse of 105 days from written declaration by the division of completeness of the first application, without receipt of a second complete application; (b) Actual receipt of a second complete application, unless additional applicants have been granted simultaneous review; (c) Notice or information that additional applications will not be received within 105 days of written declaration of completeness of the first application; or (d) Receipt, by the division, of additional applications which are not declared complete within 105 days of written declaration of completeness of the first application. (4) In the event that a proposal is subject to simultaneous review in more than one service area, review will not start on any of the affected applications in any of the service areas until one of the events listed in section (3) of this rule has occurred in each service area. (5) Once consideration of the application is commenced, the division shall notify the applicant that a simultaneous review is in effect. Statutory/Other Authority: ORS 431.120(6) & 442.315 Statutes/Other Implemented: ORS 431.120(6) & 442.315 History: OHD 11-1998, f. & cert. ef. 10-22-98 HD 13-1994, f. & cert. ef. 4-22-94
333-560-0100 Facility Waiver Limitations A certificate of need facility waiver does not authorize a hospital to develop a new inpatient hospital facility or provide new long-term care services. Statutory/Other Authority: ORS 431.120(6), 442.315 & 442.342 Statutes/Other Implemented: ORS 431.120(6), 442.315 & 442.342 History: HD 13-1994, f. & cert. ef. 4-22-94
333-560-0120 Procedures for Expedited Review (1) The expedited review process shall be initiated upon the written request of the applicant, payment of the fee specified in OAR 333-565-0000(4), and submission of four copies of the completed forms and narrative discussion identified in section (2) of this rule. The forms and narrative discussion must be completed to the satisfaction of the Public Health Division. As soon as possible after receiving and reviewing such forms and narrative, the Public Health Division shall notify the applicant whether or not the forms and narrative discussion are complete. Within five working days of the date that the Public Health Division notifies the applicant that the forms and narrative discussion identified in section (2) of this rule are complete, the Public Health Division shall rule the project eligible for expedited review. Notwithstanding the previous sentence, however, a project shall not be ruled to be eligible for expedited review sooner than the date of the Public Health Division ruling on the letter of intent for the project. (2) Projects undergoing expedited review are exempt from the full review process detailed in division 570 of this chapter, with the exception of OAR 333-570-0070(3) to (10); and from the application requirements and review criteria established in division 580 of this chapter, with the exception of OAR 333-580-0060, 333-580-0090 and 333-580-0100. Applicants must complete Forms CN-1 through CN-12 and submit four copies of these forms along with four copies of the narrative discussion required by OAR 333-580-0060 at the time that expedited review is requested under section (1) of this rule. Forms which are not relevant to the proposal need not be completed, however. Applicants should contact the Public Health Division to determine which forms are relevant to their proposal. (3) If all of the conditions specified in OAR 333-560-0110 have been met, the Public Health Division shall issue a proposed order granting the certificate of need for the project. The date of this proposed order shall be no later than 15 days from the date that the Public Health Division rules the project eligible for expedited review. Such an order shall contain findings to justify the granting of a certificate of need under this rule and OAR 333-560-0110, but need contain no other findings. (4) Projects granted a certificate of need under the expedited review provisions are not exempt from the monitoring and reporting requirements of OAR 333-575-0000 and 333-575-0010. [ED. NOTE: Forms referenced are available from the agency.] Statutory/Other Authority: ORS 431.120(6) & 442.315 Statutes/Other Implemented: ORS 431.120(6) & 442.315 History: PH 28-2004, f. & cert. ef. 8-19-04 OHD 11-1998, f. & cert. ef. 10-22-98 HD 13-1994, f. & cert. ef. 4-22-94
333-565-0000 Fees, Application for Certificate of Need (1) The Public Health Division sets application fees for certificates of need (checks shall be payable to the Public Health Division). (2) The application fees shall not be waived, except in the case of projects which are intended to predominantly serve medically indigent persons provided that such projects are eligible for abbreviated review under OAR 333-560-0010(1). (3) Application fees shall not be refundable after the application is considered complete by the Division, except as provided under subsection (6)(b) of this rule. (4) The application fee for projects shall be in accordance with the fee schedule contained in Table 4. (5) An applicant who has submitted an application which was withdrawn before being declared complete may receive a refund of 90 percent of the application fee, less any legal fees incurred by the Division in review of the application or its letter of intent, provided that the applicant makes a written request for return of the fee. However, incomplete applications which are not completed within one year of their initial submission shall not be eligible for any refund of the fee. (6) If the total project costs reported upon completion of the project under OAR 333-575-0000(8) differ by more than 10 percent from the costs projected in the initial application, the Division will: (a) Order the applicant to pay an additional fee, if the actual costs upon completion would have required a higher fee under section (4) of this rule; or (b) Make a refund to the applicant, if the actual costs upon completion would have resulted in a lower fee than that which was paid at the start of the review. [ED. NOTE: Tables referenced are available from the agency.] Statutory/Other Authority: ORS 431.120(6) & 442.315 Statutes/Other Implemented: ORS 4432.120(6) & 442.315 History: PH 19-2008, f. 12-17-08, cert. ef. 1-1-09 OHD 11-1998, f. & cert. ef. 10-22-98 HD 13-1994, f. & cert. ef. 4-22-94
333-565-0010 Civil Penalties (1) The Public Health Division may impose civil penalties upon any person who violates ORS 442.315 through 442.347, any rule promulgated thereunder, or any order issued by the Division under this authority, including the violation of any condition set forth in an order granting a certificate of need. (2) A notice of civil penalty shall include a statement of appeal rights as provided in ORS 183.745. (3) Civil penalties imposed under this rule shall not exceed $500 a day per violation. Statutory/Other Authority: ORS 431.120(6), 431.262 & 442.315 Statutes/Other Implemented: ORS 431.120(6), 431.262 & 442.315 History: PH 3-2009, f. & cert. ef. 4-20-09
333-570-0010 Submission of Certificate of Need Application After the letter of intent is properly filed and the waiting period determined under OAR 333-555-0010 has elapsed, an applicant which is not eligible for abbreviated review shall submit to the division: (1) Four completed copies of the application form provided by the division which shall be substantially as shown in division 580 of this Chapter; and (2) The appropriate application fee made payable to the State Treasurer. (3) Only one applicant is required to apply for a certificate of need for any one project. If more than one party has submitted a letter of intent and been ruled subject to review for the same project, the parties shall decide among themselves who will apply for the certificate of need. If these parties cannot agree on who shall apply, they may submit competing applications. In such cases, the applications will be reviewed under the simultaneous review procedures in OAR 333-560-0030. Statutory/Other Authority: ORS 431.120(6) & 442.315 Statutes/Other Implemented: ORS 431.120(6) & 442.315 History: HD 13-1994, f. & cert. ef. 4-22-94
333-570-0020 Initial Review of Application (1) After receiving the application and fee, the division shall notify the applicant in writing not later than 15 days after receipt by the division of the application and fee that: (a) The application is complete; (b) The application is not complete, and request additional information; or (c) The application is not complete and is being returned to the applicant for necessary revision and resubmission. (2) An application shall not be found incomplete if it contains the information prescribed and adopted by rule by the division as being necessary. (3) If the division fails to make a determination within 15 days after receipt of the application and fee, the application shall be automatically considered by the division as complete. (4) An application which remains incomplete for at least one year following its submission shall be considered to have been withdrawn. Statutory/Other Authority: ORS 431.120(6) & 442.315 Statutes/Other Implemented: ORS 431.120(6) & 442.315 History: HD 13-1994, f. & cert. ef. 4-22-94