Or. Admin. Code § 411-059-0050 - Administrative Sanctions

(1) If the Department has reasonable cause to believe an entity is a housing with services project subject to the registration requirements of OAR 411-059-0010 through OAR 411-059-0020 and is operating without registration, the Department may contact or enter the housing with services project to determine whether it is subject to registration requirements under ORS 443.378.

(2) If the Department determines a project should have registered under these rules, the Department may issue a demand to register.

(3) The Department shall serve the demand to register upon the operator personally or by certified mail. The demand to register shall include:

(a) A reference to the particular sections of statute or rule involved;

(b) A short and plain statement of the matters asserted or charged; and

(c) A statement of the right to request a hearing.

(4) A project that disagrees with the Department's determination of registration requirements shall have 10 days from the date of receipt in which to make a written application for a hearing.

(5) All hearings shall be conducted according to the applicable provisions of ORS 183.310 to 183.550.

(6) If the project notified fails to request a hearing within the time frame specified, or if after a hearing the project should have been registered under these rules or statute, an order may be entered demanding that the project be registered with the Department.

(7) If the housing with services project fails to register with the Department after being served notice pursuant section (3) of this rule within 60 calendar days, or 30 calendar days after a hearing determination described in section (6) of this rule, the Department shall refer the entity to the Oregon Department of Justice's Civil Enforcement Division.

Notes

Or. Admin. Code § 411-059-0050

APD 2-2018, temporary adopt filed 01/26/2018, effective 02/01/2018 through 07/30/2018; APD 13-2018, adopt filed 06/18/2018, effective 7/1/2018

Statutory/Other Authority: ORS 410.070, ORS 443.378 & ORS 183

Statutes/Other Implemented: ORS 410.070 & ORS 443.378