OAR 309-035-0255: Administrative Sanctions

(1) An administrative sanction may be imposed for non-compliance with these rules. (2) An administrative sanction includes one or more of the following actions: (a) Civil penalties; (b) Attachment of conditions to a license; and (c) Denial, suspension, non-renewal, or revocation of a license. as set forth in OAR 309-040-0420. (3) If the Division imposes an administrative sanction, the Division must serve a notice of administrative sanction upon the provider personally or by certified mail. (4) The notice of administrative sanction must state the following: (a) Each sanction imposed; (b) A short and plain statement of each circumstance, act, or omission that constitutes non-compliance with the applicable rules; (c) Each statute or rule allegedly violated; (d) A statement of the provider right to a contested case hearing; (e) A statement of the authority and jurisdiction under which the hearing is to be held; (f) A statement that the Division files on the subject of the contested case automatically become part of the contested case record upon default for the purpose of proving a prima facie case; and (g) A statement that the notice becomes a final order upon default if the provider fails to request a hearing within the specified time. (5) All hearings are conducted in accordance with ORS 183. (6) The provider must comply with any final order of the Division.