309-045-0570 Temporary rule language in effect until 04/06/2026. Enforcement (1) Upon receipt of a statement of deficiencies, an Agency with Choice must be provided an opportunity to dispute the Division's findings but must still comply with sections (2) and (3) of this rule. (a) If an Agency with Choice desires an informal conference to dispute the Division's findings, the Agency with Choice must advise the Division in writing within 10 business days after receipt of the statement of deficiencies. The written request must include a detailed explanation of why the Agency with Choice believes the statement of deficiencies is incorrect. (b) An Agency with Choice may not seek a delay of any enforcement action against it on the grounds the informal dispute resolution has not been completed. (c) If an Agency with Choice is successful in demonstrating the deficiencies should not have been cited, the Division must reissue the statement of deficiencies, removing such deficiencies. The reissued statement of deficiencies must state that it supersedes the previous statement of deficiencies and must clearly identify the date of the superseded statement of deficiencies. (2) A signed plan of correction must be mailed or emailed to the Division within 30 days from the date the statement of deficiencies was received by the Agency with Choice. (3) An Agency with Choice must correct all deficiencies within 30 days from the date the statement of deficiencies was received by the Agency with Choice, unless a shorter time is determined by the Division to be necessary due to health or life safety risks, or unless an extension of time is requested from and granted by the Division. A request for such an extension must be submitted in writing and must accompany the plan of correction. (4) The Division must determine if a written plan of correction is acceptable. If the plan of correction is not acceptable to the Division, the Division must notify the licensee or administrator in writing: (a) Identifying which provisions in the plan the Division finds unacceptable; (b) Citing the reasons the Division finds the provisions unacceptable; and (c) Requesting that the plan of correction be modified and resubmitted no later than 10 business days from the date notification of non-compliance was received by the licensee or administrator. (5) If the Agency with Choice does not come into compliance by the date of correction reflected on the plan of correction or 30 days from the date the report was received, whichever is sooner, the Division may propose to deny, suspend, or revoke the Agency with Choice license or impose civil penalties. (6) Failure of an Agency with Choice or it’s Direct Support Workers to comply with required training curriculum, agency policies or service delivery standards established under these rules may be cited as a deficiency and is subject to enforcement action including, but not limited to, plans of correction, civil penalties and suspension and revocation of the Agency with Choice license. Statutory/Other Authority: ORS 413.042, Oregon Law 2024, Chapter 37 & HB 4129 (2024) Statutes/Other Implemented: Oregon Law 2024, Chapter 37 History: BHS 23-2025, temporary adopt filed 10/09/2025, effective 10/09/2025 through 04/06/2026