OAR 333-027-0190: Civil Penalties

(1) An agency that violates home health licensing laws or 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) In determining the amount of a civil penalty, the Authority shall consider whether: (a) The Authority made repeated attempts to obtain compliance; (b) The licensee has a history of non-compliance with home health 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. (3) The Authority shall document its consideration of the factors in section (2) of this rule. (4) Each day a violation continues is an additional violation. (5) A civil penalty imposed under this rule shall comply with ORS 183.746.