OAR 309-040-0470: Suspension of License

(1) The Division must immediately suspend a license if: (a) There exists a threat to the health, safety or welfare of any resident; (b) There is reliable evidence of abuse of any resident ; or (c) The licensee fails to operate the AFH in substantial compliance with ORS 443.705 to 443.825 or these rules. (2) The Division must suspend a license upon written notice from the Oregon Department of Revenue in accordance with ORS 305.385, and after notice to the provider and an administrative hearing if requested. (3) If a license is suspended, the Division may arrange for a resident to move for their protection. (4) The provider may request an administrative review of the decision to immediately suspend a license by submitting a request in writing, within 10 calendar days from the date the notice and order of suspension was mailed or served upon the provider. (a) Within 10 calendar days after receipt of the provider’s request for a review, the Division must review all material relating to the allegation of abuse, neglect, or exploitation and to the suspension, including any written documentation submitted by the provider within that time frame; and (b) The Division must determine, based on a review of the material, whether to sustain the decision. If the Division does not sustain the decision, the suspension must be rescinded immediately. The decision of the Department is subject to a contested case hearing under ORS 183 if requested within 90 calendar days. (4) The provider may request a contested case hearing in writing within 90 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. (5) In addition to, or in-lieu of, a contested case hearing, a licensee may request an informal conference with the Division to discuss the administrative action. The informal conference does not diminish the licensee’s right to a hearing. A request for informal conference does not delay, extend, or otherwise affect the 90 days allowed to request a hearing.