OAR 411-067-0090: Complaints, Investigations and Remedies

(1) INVESTIGATIONS REQUIRED. The Division shall investigate all complaints made regarding violations of the CCRC Act, these rules, or orders adopted under the Act. (a) Division staff or representatives of the Division shall carry out investigations as soon as practicable. (b) The Division may interview pertinent witnesses including employees of the provider and review the provider's documents and records. (c) Except as prohibited by the Elderly Persons and Persons with Disabilities Abuse Prevention Act, ORS chapter 124, the Division shall notify the provider within seven working days of any complaint and the provider shall be given an opportunity to respond. (d) The provider must make the documents and records requested under subsection (b) of this section available to the Division for review and copying. (e) The provider is responsible for violations of the Act, these rules, or orders adopted under the Act committed by the provider’s employees, subcontractors, or agents. (2) INTERVENTION BYTHE DIVISION: (a) The Division may issue a cease and desist order or revoke a provider's certificate of registration if, after notice and an opportunity for a contested case hearing pursuant to ORS chapter 183, the Division finds the provider guilty of violating any provision of the Act, these rules, or orders adopted under the Act. (b) The Division may issue a cease and desist order or apply for injunctive relief or a temporary restraining order if it appears a person has engaged, or is about to engage, in an act or practice that constitutes a violation of any provision of the Act, these rules, or orders adopted under the Act. (c) The Division may issue a cease and desist order for a violation of the Act, these rules, or orders adopted under the Act committed by the provider’s employees, subcontractors, or agents. The order shall be issued to the provider and, when deemed appropriate by the Division, to the persons who violated the Act, these rules, or orders adopted under the Act. (3) RETALIATION PROHIBITED. The provider may not take any retaliatory action against any complainant, including but not limited to the management, staff, and residents of the provider's CCRC facilities.