ORS 441.726: Progressive enforcement process.

(1) In regulating residential care facilities and long term care facilities, the Department of Human Services shall prioritize the health, welfare, safety and rights of residents. (2) The department may, as appropriate, use a progressive enforcement process that employs a series of actions to encourage and compel compliance with licensing regulations through the application of preventive, positive and progressively more restrictive strategies. Preventive and positive strategies are strategies that include but are not limited to technical assistance, corrective action plans, training and consultation. (3) This section does not restrict the ability of the department to use more restrictive strategies when necessary to achieve substantial compliance or to protect the health, welfare, safety and rights of residents, including by imposing license conditions under ORS 441.736 or, for residential care facilities, taking additional steps dictated by the framework established under ORS 443.436. [2017 c.679 §3; 2021 c.392 §3]