OAR 309-073-0105: Temporary rule language in effect until 09/15/2026. Civil Penalties

(1) A Crisis Stabilization Center that violates Crisis Stabilization Center rules, an administrative order, or settlement agreement, is subject to the imposition of a civil penalty not to exceed $1,000 per violation and may not total more than $2,000. (2) An individual or entity who operates a Crisis Stabilization Center without a certificate is subject to the imposition of a civil penalty not to exceed $500 a day per violation. (3) A Crisis Stabilization Center that fails to comply with the Division is subject to the imposition of a civil penalty. Failure to comply includes, but not limited to: (a) Failure to provide a written disclosure statement to the individual or the individual’s legal representative prior to Crisis Stabilization Center services being rendered. (b) Failure to provide c risis stabilization services. (c) Failure to correct deficiencies identified during an inspection or abuse or complaint investigation; or (d) Refusal to allow access and inspection. (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 Crisis Stabilization Center rules. (c) The violation poses a serious risk to an individual’s health; and (d) There are mitigating factors, such as the Crisis Stabilization Center’s cooperation with an investigation or actions to come into compliance. (5) Each day a violation continues is an additional violation. (6) A civil penalty imposed under this rule must comply with ORS 183.746.