ORS 441.715: Criteria for civil penalties; rules.
Edition: 2025 EditionEffective: 2026-01-01Last verified: 2026-09-07
(1) The Director of Human Services shall impose civil penalties under ORS 441.710 (1) on a residential care facility or a long term care facility pursuant to ORS 441.731. (2) After public hearing, the Director of Human Services by rule shall adopt objective criteria for establishing the civil penalty that may be imposed under ORS 441.710 (1) on residential training facilities and residential training homes. However, the civil penalty may not exceed $500 for each violation, except as otherwise provided in this section or as otherwise required by federal law. (3) The Director of the Oregon Health Authority by rule shall adopt objective criteria for establishing the civil penalty that may be imposed under ORS 441.710 (2) on residential treatment facilities or residential treatment homes. However, the civil penalty may not exceed $500 for each violation, except as otherwise provided in this section or as otherwise required by federal law. (4) Notwithstanding the limitations on the civil penalty in subsections (2) and (3) of this section, for any violation by a residential training facility, residential training home, residential treatment facility or residential treatment home involving direct resident care or feeding, an adequate staff to resident ratio or sanitation involving direct resident care, a penalty may be imposed for each day the violation occurs in an amount not to exceed $500 per day or as otherwise required by federal law. [1975 c.328 §2; 1977 c.261 §9; 1979 c.261 §9; 1987 c.428 §38; 1993 c.759 §17; 2009 c.595 §741; 2009 c.828 §85; 2014 c.104 §10; 2017 c.679 §8]
Official history and status
History: Note: See note under 441.705.
Administrative rules citing this section
- OAR 411-003-0040: Temporary rule language in effect until 12/27/2026. Enforcement — implements
- OAR 411-054-0120: Temporary rule language in effect until 02/05/2027. Civil Penalties — implements
- OAR 411-325-0010: Statement of Purpose — implements
- OAR 411-325-0110: Variances — implements
- OAR 411-325-0130: Food and Nutrition — implements
- OAR 411-325-0140: Physical Environment — implements
- OAR 411-325-0180: Individual Summary Sheets — implements
- OAR 411-325-0280: Fire Safety Requirements for Homes or Duplexes Serving Five or Fewer Individuals — implements
- OAR 411-325-0300: Residency Agreements, Individual Rights, Complaints, Notification of Planned Action, and Hearings — implements
- OAR 411-325-0380: Handling and Managing Individuals' Money — implements
- OAR 411-325-0460: Civil Penalties — implements
This rule cites
- ORS 441.710 — resolved
- ORS 441.731 — resolved
Cited by
Official source: https://www.oregonlegislature.gov/bills_laws/ors/ors441.html