OAR 333-536-0117: Informal Enforcement

(1) If during an investigation or survey Authority staff document violations of in-home care licensing rules or laws, the Authority may issue a statement of deficiencies that cites the law or rule alleged to have been violated and the facts supporting the allegation. (2) Upon receipt of a statement of deficiencies, an agency shall be provided an opportunity to dispute the Authority's survey findings but must still comply with sections (3) and (4) of this rule. (a) If an agency desires an informal conference to dispute the Authority's survey findings, the agency shall advise the Authority in writing within 10 business days after receipt of the statement of deficiencies. The written request must include a detailed explanation of why the agency believes the statement of deficiencies is incorrect. (b) An agency may not seek a delay of any enforcement action against it on the grounds the informal dispute resolution has not been completed. (c) If an agency is successful in demonstrating the deficiencies should not have been cited, the Authority shall reissue the statement of deficiencies, removing such deficiencies and rescinding or modifying any remedies issued for such deficiencies. The reissued statement of deficiencies shall state that it supersedes the previous statement of deficiencies and shall clearly identify the date of the superseded statement of deficiencies. (3) A signed plan of correction must be mailed to the Authority within 10 business days from the date the statement of deficiencies was received by the agency. A signed plan of correction will not be used by the Authority as an admission of the violations alleged in the statement of deficiencies. (4) An agency shall correct all deficiencies within 60 days from the date of the exit conference, unless an extension of time is requested from the Authority. A request for such an extension shall be submitted in writing and must accompany the plan of correction. (5) The Authority shall determine if a written plan of correction is acceptable. If the plan of correction is not acceptable to the Authority, the Authority shall notify the agency owner or administrator in writing: (a) Identifying which provisions in the plan the Authority finds unacceptable; (b) Citing the reasons the Authority finds the provisions unacceptable; and (c) Requesting that the plan of correction be modified and resubmitted no later than 10 business days from the date notification of non-compliance was received by the agency owner or administrator. (6) If the agency does not come into compliance by the date of correction reflected on the plan of correction or 60 days from the date of the exit conference, whichever is sooner, the Authority may propose to deny, suspend or revoke the agency license or impose civil penalties.