justicedao/ipfs_state_laws huggingface dataset:
ORS Chapter 101 — Continuing Care Retirement

ORS 101.030. Registration of continuing care retirement community providers. (1) A new continuing care retirement community provider shall register with the Department of Human Services before the provider: (a) Enters into a residency agreement with a nonresident; (b) Solicits either a prospective resident or nonresident to pay an application fee or execute a residency agreement; or (c) Collects an entrance fee. (2) The provider shall apply for registration with the department on forms prescribed by the department. The application shall include a disclosure statement as described in ORS 101.050. The disclosure statement must include an explanation, in boldfaced type, whether and in what manner and amount entrance fees are refunded to prospective residents in the event a prospective resident withdraws from the residency agreement prior to occupancy. (3) Within 10 business days after receipt of the completed application for registration of a new continuing care retirement community, the department shall issue a notice of filing to the applicant. Within 60 days of the notice of filing, the department shall enter an order registering the provider or rejecting the registration. If no order of rejection is entered within 60 days from the date of notice of filing, the provider shall be considered registered unless the provider and the department agree in writing to an extension of time. If no order of rejection is entered within the time period as so extended, the provider shall be considered registered. (4) If the department determines that the requirements of ORS 101.050, 101.060,
ORS Chapter 101 — Continuing Care Retirement

ORS 101.040. Registration fees. The initial application for registration shall be accompanied by a fee of $500. After the initial registration, the subsequent annual fee shall be $250 per facility.
ORS Chapter 101 — Continuing Care Retirement

ORS 101.052. Annual disclosure statement. (1) The provider shall file with the Department of Human Services an annual disclosure statement for the providers fiscal year that satisfies the requirements of this section and ORS 101.050. The statement shall be filed within four months following the end of the providers fiscal year unless the time is extended by the department. (2) In addition to the information required for an initial statement under ORS
ORS Chapter 101 — Continuing Care Retirement

ORS 101.060. Provider to maintain financial reserves; amount; escrow account; withdrawal from reserves. (1) A provider shall establish and maintain at all times: (a) A debt service liquid reserve in an amount equal to or exceeding the total of all principal and interest payments due during the next 12 months on account of a mortgage loan or other long term financing of the continuing care retirement community taking into consideration any anticipated refinancing; and (b) An operating liquid reserve in an amount equal to or exceeding the total of the CCRCs projected operating expenses for three months. For the purpose of calculating the amount required for the operating liquid reserve, projected operating expenses include any anticipated expenses associated with providing housing or health related services under all residency agreements. (2) The Department of Human Services may require a provider not meeting its reserve requirements to place the reserves in an escrow account. (3) The notes to the providers annual audited financial statements shall state whether or not the reserve requirements have been met. (4) The department may allow withdrawal or borrowing from the reserves in an amount not greater than 20 percent of the providers total required reserves. The withdrawal or borrowing can be approved by the department only if required for making an emergency repair or replacement of equipment, to cover catastrophic loss that is not able to be covered by insurance or for debt service in a potential default situation. No withdrawal or borrowing may be made from a reserve without the approval of the department. All funds borrowed shall be repaid to the reserve within 18 months in accordance with a payment plan approved by the department.
ORS Chapter 101 — Continuing Care Retirement

ORS 101.065. Provider liquidation; resident claims preferred. If the provider is liquidated, the claims of residents arising under residency agreements shall be preferred claims having priority over other unperfected claims against provider assets.
ORS Chapter 101 — Continuing Care Retirement

ORS 101.070. Escrow account required for registration of new continuing care retirement community; entrance fees in escrow; use of escrow funds. (1) As a condition of registration for a new continuing care retirement community, the Department of Human Services shall require that the provider establish an escrow account with a bank, trust company or other escrow agent and that any entrance fees received by the provider prior to the date the resident is permitted to occupy the living unit in the CCRC be placed in the escrow account. (2) Upon written request by the provider, the department shall approve the release of the funds from escrow if the department is satisfied that: (a) The provider has received a certificate of occupancy by local authorities and has collected no less than 10 percent of each individual residents entrance fee for no less than 50 percent of the total number of units; (b) Anticipated proceeds of any first mortgage loan or other long term financing commitment plus funds from other sources in the actual possession of the provider are equal to not less than: (A) Fifty percent of the aggregate cost of constructing or purchasing and equipping and furnishing the CCRC; and (B) Fifty percent of the funds, which the provider estimated in its disclosure pursuant to ORS 101.050, to fund start-up losses of the CCRC; and (c) A commitment has been received by the provider for any permanent mortgage loan or other long term financing commitment, which commitment the provider disclosed pursuant to ORS 101.050, and any conditions of this commitment prior to disbursement of funds thereunder, other than completion of the construction or closing of the purchase of the CCRC, have been substantially satisfied. (3) In the event a prospective resident withdraws from the residency agreement prior to occupancy, the entrance fee described in ORS 101.080 may not be refunded to the prospective resident until such time as the prospective residents unit has been resold. (4) If the entrance fees in an escrow account are not released within 48 months after the escrow account is opened, entrance fees paid, less the escrow fee, shall be returned to the residents unless an extension is granted by the department. (5) Nothing in this section requires the escrow of any nonrefundable application fee charged to prospective residents. (6) An entrance fee held in escrow may be returned by the escrow agent, at any time, to the person or persons who paid the fee to the provider upon receipt by the escrow agent of notice from the provider that such person is entitled to a refund of the entrance fee.
ORS Chapter 101 — Continuing Care Retirement

ORS 101.080. When resident eligible for refund of entrance fee; notice to resident. (1) Any provider that requires any resident, as a condition of occupancy or use of the facility, to pay an entrance fee, prior to or during the first six months of occupancy in addition to monthly payments, shall provide that a percentage of that entrance fee be refunded to the resident if the residency agreement is terminated, other than by reason of death of the resident, within the first six months of occupancy. (2) The percentage of the entrance fee to be refunded and the manner in which this percentage is calculated shall be written in boldfaced type in the residency agreement and disclosed in the initial and annual disclosure statements required by ORS 101.050 and 101.052.
ORS Chapter 101 — Continuing Care Retirement

ORS 101.090. Exemption of closed bed facilities from certificate of need review; exception. A closed bed long term care facility shall be subject to the same requirements as all other long term care facilities, as defined by ORS 442.015, except that it shall be exempt from the certificate of need process provided by ORS 442.315. However, any closed bed long term care facility which initiates under this exemption any new institutional health services, as defined in ORS 442.015, and which subsequently accepts patients who are not residents of the continuing care retirement community, shall become subject to certificate of need review for such new institutional health services at the time that nonresident patients begin to be admitted.
ORS Chapter 101 — Continuing Care Retirement

ORS 101.100. Transfer of registration. No provider registration shall be transferred. A registered provider, who wishes to sell or transfer ownership of the continuing care retirement community to another party, shall first obtain approval from the Department of Human Services.
ORS Chapter 101 — Continuing Care Retirement

ORS 101.110. Revocation of registration; findings. (1) The registration of a provider shall remain in effect until revoked, after notice and hearing, upon written findings of fact by the Department of Human Services that the provider has: (a) Violated any provision of this chapter or any rule or order adopted under this chapter; (b) Failed to file an annual disclosure statement required by ORS 101.052; (c) Failed to make available to prospective and current residents the disclosure statements required by ORS 101.050 and 101.052; (d) Delivered to prospective residents a disclosure statement as provided by ORS
ORS Chapter 101 — Continuing Care Retirement

ORS 101.115. Resident rights. (1) A provider must assist a resident, upon request, in the exercise of the residents rights as a citizen of the United States and as a resident of this state. A resident has the right to exercise all rights that do not infringe upon the rights or safety of other residents. (2) A resident has the right to review a providers disclosure statements. (3) A provider may not discriminate or impose any requirement or restriction based on sex, marital status, race, color, sexual orientation, gender identity or national origin of a resident, a prospective resident or a residents visitor. (4) A provider shall make reasonable accommodations to ensure that services are accessible to residents who have disabilities. (5) A provider shall treat each resident with respect and dignity at all times, and ensure privacy for each resident during rehabilitation or treatment and when receiving personal care services. (6) A resident has the right to associate and communicate privately with persons of the residents choice and to send and receive mail that is not opened by the provider. (7) A resident has the right to be free from abuse as defined in ORS 124.005. (8) The residents council has the right to meet with the provider no less than twice each year and must be allowed free discussion at the meetings of subjects that may include, but need not be limited to, facility income, expenditures, financial trends, resident concerns, proposed changes in policy, programs and services, and any other issue identified by the council or a resident under ORS
ORS Chapter 101 — Continuing Care Retirement

ORS 101.120. Power of department to prevent violations; cease and desist order; injunction. (1) If the Department of Human Services determines, after notice and hearing, that any person has violated or is about to violate any provision of this chapter or any rule or order issued under this chapter, the department may issue an order requiring the person to cease and desist from the unlawful practice or to take such affirmative action as in the judgment of the department carries out the purposes of this chapter. (2) If the department makes a finding of fact in writing that the public interest will be irreparably harmed by delay in issuing a cease and desist order, it may issue a temporary cease and desist order that shall include in its terms a provision that, upon request, a hearing shall be held within 10 days of such a request to determine whether or not the permanent cease and desist order shall be entered on the person. The temporary cease and desist order shall be served on the person by certified mail. (3) If it appears that a person has engaged, or is about to engage, in an act or practice constituting a violation of any provision of this chapter or of a rule or order under this chapter, the department, with or without prior administrative proceedings, may bring an action in the circuit court to enjoin the acts or practices or to enforce compliance with this chapter or any rule or order under this chapter. Upon proper showing, injunctive relief or temporary restraining orders shall be granted. The department shall not be required to post a bond in any court proceeding.
ORS Chapter 101 — Continuing Care Retirement

ORS 101.140. Advisory council; membership; compensation; duties. (1) The Continuing Care Retirement Community Advisory Council is created and shall consist of nine members appointed by the Director of Human Services or a designee and shall represent the geographic location of providers in this state. A member must be a resident of this state. Three members must represent providers that are registered pursuant to ORS 101.030 and must have been actively engaged in the offering of residency agreements in this state for five years before appointment. The remaining members shall include: (a) A representative of the business community with expertise in the area of management; (b) A certified public accountant; (c) An attorney; and (d) Three Oregon residents of continuing care retirement communities or other consumer representatives. (2) The term of office for a member shall be three years or until a successor has been appointed and qualified. (3) The members of the advisory council shall serve without pay. They shall be reimbursed by the Department of Human Services for their actual and necessary traveling expenses incurred while on official business. (4) The council shall: (a) Elect a chairperson from among their number and elect or appoint a secretary, both of whom shall hold office for one year and thereafter until a successor is qualified and elected; (b) Hold an annual meeting and hold other meetings at times and places the department or the chairperson of the council may direct; (c) Keep a record of its proceedings. The record is prima facie evidence of all matters reported and shall be open to inspection at all times; (d) Act in an advisory capacity to the department; and (e) Make recommendations to the department on all proposed rules pertaining to this chapter.
ORS Chapter 101 — Continuing Care Retirement

ORS 101.150. Duties of Department of Human Services; complaint procedure; rules. (1) The Department of Human Services shall implement the provisions of this chapter. (2) The department shall adopt such rules as are reasonably necessary for the enforcement of this chapter. The department shall submit any proposed rules to the advisory council prior to proceeding with the notice procedures provided for in ORS 183.335. The department shall consider the comments of the advisory council which pertain to a proposed rule before the department adopts the rule. (3) The department shall adopt a procedure for a resident to file a complaint with the department concerning a continuing care retirement communitys failure to comply with a requirement of this chapter. The department shall: (a) Provide a response to the complainant no later than 14 days after the date the complaint is filed; (b) Complete an investigation of the complaint no later than 90 days after the date the complaint is filed; and (c) Provide a written report of the results of the investigation to the provider and to the complainant.
ORS Chapter 101 — Continuing Care Retirement

ORS 101.160. Short title. This chapter may be cited as the Continuing Care Retirement Community Provider Registration Act. [1989 c.693 1] CHAPTERS 102 TO 104 [Reserved for expansion] _______________
ORS Chapter 105 — Property Rights

ORS 105.005. Right of action; recovery; damages. (1) Any person who has a legal estate in real property and a present right to the possession of the property, may recover possession of the property, with damages for withholding possession, by an action at law. The action shall be commenced against the person in the actual possession of the property at the time, or if the property is not in the actual possession of anyone, then against the person acting as the owner of the property. (2) In an action brought under subsection (1) of this section or in a separate action for damages only, a person who, throughout the vesting period, used or occupied land of another with the honest and objectively reasonable belief that the person was the actual legal owner of the land shall not be liable for: (a) Double or treble damages under ORS 105.810 (1) to (3) or 105.815; or (b) The value of the use or occupation of the land by the person throughout the vesting period.
ORS Chapter 105 — Property Rights

ORS 105.010. Contents of complaint. The plaintiff in the complaint shall set forth: (1) The nature of the estate of the plaintiff in the property, whether it be in fee, for life, or for a term of years; including, when necessary, for whose life and the duration of the term. (2) That the plaintiff is entitled to the possession thereof. (3) That the defendant wrongfully withholds the property from the plaintiff to the damage of the plaintiff for such sum as is therein claimed. (4) A description of the property with such certainty as to enable the possession thereof to be delivered if there is recovery.
ORS Chapter 105 — Property Rights

ORS 105.015. Answer. The defendant shall not be allowed to give in evidence any estate, license or right of possession in the property in the defendant or another, unless the same is pleaded in the answer. If pleaded, the nature and duration of the estate, license or right of possession shall be set forth with the certainty and particularity required in a complaint. If the defendant does not defend for the whole of the property, the defendant shall specify for what particular part the defendant does defend.
ORS Chapter 105 — Property Rights

ORS 105.020. Substitution of landlord for tenant. A defendant who is in actual possession may, for answer, plead that the defendant is in possession only as tenant of another; naming the landlord and the place of residence of the landlord. Thereupon the landlord, if the landlord applies therefor, shall be made defendant in place of the tenant and the action shall proceed in all respects as if originally commenced against the landlord. If the landlord does not apply to be made defendant within the day the tenant is allowed to answer, the landlord shall not be allowed to, but shall be made defendant if the plaintiff requires it. If the landlord is made defendant on motion of the plaintiff the landlord shall be required to appear and answer within 10 days from notice of the pendency of the action and the order making the landlord defendant, or such further notice as the court or judge thereof may prescribe.
ORS Chapter 105 — Property Rights

ORS 105.025. Verdict. The jury by their verdict shall find as follows: (1) If the verdict is for the plaintiff, that the plaintiff is entitled to the possession of all or a part of the property described in the complaint, or that the plaintiff owns an undivided share or interest in all or a part of the property; including the nature and duration of the estate of the plaintiff in such property. (2) If the verdict is for the defendant, that the plaintiff is not entitled to the possession of the property described in the complaint, or the part that the defendant defends, and the estate, license or right to possession in such property established on the trial by the defendant, if any, as the same is required to be pleaded.
ORS Chapter 105 — Property Rights

ORS 105.030. Damages for withholding; setoff for improvements. The plaintiff shall only be entitled to recover damages for withholding the property for the term of six years next preceding the commencement of the action, and for any period that may elapse from the commencement to the time of giving a verdict, excluding the value of the use of permanent improvements made by the defendant. When permanent improvements have been made upon the property by the defendant, or those under whom the defendant claims, while holding under color of title in good faith and adverse to the claim of the plaintiff, the value of the improvements at the time of trial shall be allowed as a setoff against such damages.
ORS Chapter 105 — Property Rights

ORS 105.035. Judgment when plaintiffs right to possession expires. If the right of the plaintiff to the possession of the property expires after the commencement of the action and before the trial, the verdict shall be given according to the fact and judgment shall be given only for the damages.
ORS Chapter 105 — Property Rights

ORS 105.040. Order to make survey. (1) The court or judge thereof may, on motion, and after notice to the adverse party, or cause shown, grant an order allowing the party applying therefor to enter upon the property in controversy and make survey and admeasurement thereof for the purposes of the action. (2) The order shall describe the property. A copy of the order shall be served upon the defendant, and thereupon the party may enter upon the property, and make the survey and admeasurement. If any unnecessary injury is done to the premises, the applying party is liable therefor.
ORS Chapter 105 — Property Rights

ORS 105.045. Action not prejudiced by alienation by person in possession. An action for the recovery of the possession of real property against a person in possession is not prejudiced by any alienation made by such person, either before or after the commencement of the action. If the alienation is made after the commencement of the action, and the defendant does not satisfy the judgment recovered for damages for withholding the possession, the damages may be recovered by action against the purchaser.
ORS Chapter 105 — Property Rights

ORS 105.050. Cotenant shall prove ouster. In an action by a tenant in common of real property against a cotenant, the plaintiff shall show, in addition to the evidence of right of possession, that the defendant either denied the plaintiffs right or did some act amounting to a denial. [Amended by 1969 c.591 281]
ORS Chapter 105 — Property Rights

ORS 105.055. Conclusiveness of judgment. (1) Except as provided in subsection (2) of this section, the judgment in an action to recover the possession of real property is conclusive as to the estate in the property and the right to the possession thereof, so far as the same is thereby determined, upon the party against whom the judgment is given, and against all persons claiming from, through or under such party, after the commencement of the action. (2) When service of the summons is made by publication and judgment is given for want of an answer, at any time within two years from the entry thereof the defendant or the successor in interest of the defendant as to the whole or any part of the property, shall, upon application to the court or judge thereof, be entitled to an order vacating the judgment and granting the defendant a new trial upon the payment of the costs of the action. (3) In an action against a tenant the judgment is conclusive against a landlord, who has been made defendant in place of the tenant, to the same extent as if the action had been originally commenced against the landlord.
ORS Chapter 105 — Property Rights

ORS 105.060. Effect of new trial on plaintiffs possession. If the plaintiff has taken possession of the property before the judgment is set aside and a new trial granted as provided in ORS 105.055 (2), the possession is not thereby affected in any way. If judgment is given for the defendant in the new trial, the defendant is entitled to restitution by execution in the same manner as if the defendant were plaintiff.
ORS Chapter 105 — Property Rights

ORS 105.065. [Repealed by 1969 c.591 305]