Or. Admin. R. 333-035-0280 - Civil Penalties

(1) In addition to any other liability or penalty provided by law, the Authority may impose a civil penalty of $1,000 per day, up to $10,000 in any 30-day period, for any of the following:

(a) Violation of any of the terms or conditions of a license issued under these rules;

(b) Violation of any of these rules or an order issued by the Authority to a hospice program licensed under these rules;

(c) Violation of any final order of the Authority that pertains specifically to a hospice program owned or operated by the person incurring the penalty; or

(d) Violation of ORS 443.860 or the rules adopted under ORS 443.860.

(2) In determining the amount of a civil penalty, the Authority shall consider whether:

(a) The Authority made repeated attempts to obtain compliance;

(b) There is a history of noncompliance with hospice program licensing laws;

(c) The violation poses a serious risk to the public's health;

(d) The person or licensee gained financially from the noncompliance; and

(e) There are mitigating factors, such as a person or licensee's cooperation with an investigation or actions to come into compliance.

(3) The Authority shall document its consideration of the factors in section (2) of this rule.

(4) Each day a violation continues is an additional violation.

(5) Civil penalties under this section shall be imposed in the manner provided by ORS 183.745.

Notes

Or. Admin. R. 333-035-0280

PH 19-2010, f. 8-30-10, cert. ef. 9-1-10; PH 204-2022, renumbered from 333-035-0095, filed 11/18/2022, effective 11/18/2022; PH 6-2023, amend filed 01/27/2023, effective 1/27/2023

Statutory/Other Authority: ORS 443.860

Statutes/Other Implemented: ORS 443.869