OAR 333-536-0033: Denial, Suspension or Revocation of License

(1) The Authority may impose a civil penalty or deny, suspend or revoke an agency license when an agency fails to comply with ORS 443.011, 443.305 through 443.355 or these rules, including but not limited to an owner or administrator of the agency permitting, aiding or abetting any illegal act affecting the welfare of the client . (2) The Authority may deny, suspend or revoke the license of any agency for failure to comply with ORS 443.004. (3) A failure to comply with ORS 443.011, 443.305 through 443.355 includes but is not limited to: (a) Failure to provide a written disclosure statement to a client or a client's representative prior to in-home care services being rendered; (b) Failure to provide the contracted in-home care services; (c) Failure to correct deficiencies identified during an Authority inspection or complaint investigation; or (d) A demonstrated pattern, over the previous five years, of significant and substantiated violations of: (A) Employment or wage laws in this state: (i) By an agency licensee as an employer of staff in an in-home care agency; or (ii) By an applicant for an agency license in any business owned or operated by the applicant; or (B) Caregiver training requirements as described in these rules. (4) If the Authority intends to suspend or revoke an agency license, it shall do so in accordance with ORS 183.411 through 183.470. (5) For purposes of this rule: (a) "Employment or wage laws" shall include: (A) Unpaid wages under ORS 653.010 to 653.261; or (B) Unlawful employment practices under ORS chapter 659A. (b) "Significant" shall mean in the case of a violation of caregiver training requirements, the violation caused or could reasonably have caused an adverse event for an agency client as identified in a complaint investigation or survey. "Significant" violation of caregiver training requirements shall not include a violation that exclusively involves a deficiency in documentation; (c) "Pattern" shall mean three or more occurrences of the same substantiated violation in the previous five years. (d) "Substantiated" includes violations found in a final statement of deficiency issued by the Authority or a final substantial evidence determination issued or civil penalty assessed by the Bureau of Labor and Industries that the agency violated the law in question. (6) Failure to comply with these rules includes but is not limited to demonstrating a violation of these rules which was life threatening to the client or posed a risk of hospitalization.