OAR 309-045-1240: Civil Penalties

(1) An Agency with Choice that violates applicable laws, rules, or a final order as determined by the Division, may be subject to the imposition of a civil penalty not to exceed $1,000 per violation. (2) An Individual or entity who operates an Agency with Choice without a license is subject to the imposition of a civil penalty not to exceed $1,000 a day per violation. (3) Violates applicable, but is not limited to: (a) Failure to provide a written disclosure statement to the individual or the representative prior to Agency with Choice services being rendered; (b) Failure to provide the contracted Agency with Choice services; (c) Failure to correct deficiencies identified during a program review or critical incident investigation; or (d) Refusal to allow access and program review. (4) In determining the amount of a civil penalty, the Division must consider whether: (a) The Division made repeated attempts to obtain compliance; (b) The licensee has a history of non-compliance with licensing laws and rules; (c) The violation poses a serious risk to the public’s health; and (d) There are mitigating factors, such as a licensee’s cooperation with an investigation or actions to come into compliance. (5) The Division must document its consideration of the factors in section (4) of this rule. (6) Each day a violation continues is an additional violation. (7) A civil penalty imposed under this rule must comply with ORS 183.746 .