OAR 333-536-0125: Civil Penalties

(1) An agency that violates in-home care 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) An individual who operates an agency without a license is subject to the imposition of a civil penalty not to exceed $500 a day per violation. (3) 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 in-home care 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. (4) The Authority shall document its consideration of the factors in section (2) of this rule. (5) Each day a violation continues is an additional violation. (6) A civil penalty imposed under this rule shall comply with ORS 183.746. (7) Failure to comply with ORS 443.305 through 433.355 includes but is not limited to: (a) Failure to provide a written disclosure statement to the client or the client's representative prior to in-home care services being rendered; (b) Failure to provide the contracted in-home care services; or (c) Failure to correct deficiencies identified during a Authority inspection or complaint investigation.