OAR 415-012-0065: Suspension of License

(1) The Division may impose an immediate suspension order as described in section (2) or may issue a notice of intent to suspend as described in section (3). (2) Immediate suspension orders take effect prior to the opportunity for a hearing. The provider has the opportunity to request a hearing after the immediate suspension order takes effect: (a) For all licenses under these rules, if the Division finds that the health, safety, or welfare of the public are seriously endangered by continued operation of a treatment or prevention program and sets forth specific reasons for its findings, immediate suspension of a license may be ordered. The provider may request a hearing to contest the immediate suspension order. Requests for a hearing must be received by the Division within 90 days from the date the suspension order was served on the provider personally or was mailed by certified or registered mail. If the provider requests a hearing, the hearing shall be held as soon as practicable; (b) For licenses issued under ORS 443.400-443-465, the Division may also order an immediate suspension if the Division finds that there is imminent danger to the health or safety of the residents, pending a fair hearing not later than the 10th day after such suspension pursuant to ORS 443.440. (3) When the Division issues a notice of intent to suspend, the provider has the opportunity to request a hearing prior to the Division ordering the suspension. The Division may issue a notice of intent to suspend a license for any of the following reasons: (a) Violation by the program, its director, or staff of any rule promulgated by the Division; (b) Permitting, aiding or abetting the commitment of an unlawful act within the facilities maintained by the program, or permitting, aiding or abetting the commitment of an unlawful act involving chemical substances within the program; (c) Conduct or practices found by the Division to be detrimental to the general health or welfare of one or more individuals in the program; or (d) Deviation by the program from the plan of operation originally approved or licensed that in the judgment of the Division adversely affects the character, quality, or scope of services intended to be provided to individuals within the program.