OAR 411-068-0075: Procedures for Correction of Violations

(1) If the Department or its authorized representative determines that abuse has occurred in an RB facility, the operator must be notified verbally and in writing to immediately cease the abusive act or to take action to prevent further abuse. (2) If the Department or its authorized representative determines a violation of these rules has occurred, the Department shall notify the operator in writing, by hand delivery, or by regular mail. (3) The notice of violation shall state the following: (a) A description of each condition that constitutes a violation; (b) Each regulation that has been violated; (c) Except in cases of imminent danger, a specific time frame for correction, but no later than 60 calendar days after receipt of the notice; (d) Sanctions that may be imposed against the facility for failure to correct the violations; and (e) Right to contest the violations if an administrative sanction is imposed. (4) During the time frame for correction specified in the notice of violation, the operator or the Department may request a conference to discuss the findings. The conference shall be scheduled within 10 calendar days of a request by either party. (5) The purpose of the conference is to discuss the findings and to provide information to assist the operator in complying with the requirements of these rules. (6) The request by an operator or the Department for a conference shall not extend any previously established time limit for correction. (7) The operator shall notify the Department in writing of correction of violations no later than the date specified in the notice of violation. (8) The Department may conduct an inspection of the facility after the date the Department receives the notice of compliance or after the date by which violations must be corrected as specified in the notice of violation. (9) For violations that present an imminent danger to the health, safety or welfare of tenants, the notice of violation shall order the operator to correct the violations and abate the conditions no later than 24 hours after receipt of the notice of violation, either verbally or in writing. The Department may inspect the home after the 24-hour period to determine if the violations have been corrected as specified in the notice. (10) If tenants are in immediate danger, the registration may be suspended or revoked, and the Department or authorized representative may make arrangements to voluntarily move the tenants. (11) If the violations have not been corrected by the date specified in the notice of violation or if the Department has not received a report of compliance, the Department may institute one or more administrative sanctions.