Department of Human Services
Aging and People with Disabilities and Developmental Disabilities - Chapter 411
Division 360
ADULT FOSTER HOMES FOR INDIVIDUALS WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITIES
411-360-0230
Procedures for Correction of Violations
(1) If an inspection or investigation results in a violation of these rules other than abuse, the Department notifies the provider in writing of violations of these rules.
(2) The notice of violation includes the following:
(a) A description of each conduct or condition that constitutes a violation;
(b) Each rule that has been violated; and
(c) A specific timeframe for correction, not to exceed 30 calendar days after receipt of the notice of violations.
(A) The Department may approve a reasonable timeframe in excess of 30 calendar days if correction of the violation within that timeframe is not practical.
(B) If the licensee requests more than 30 calendar days to correct the violation, such time must be specified in the licensee’s plan of correction and must be found acceptable by the Department.
(3) The provider must notify the Department in writing of the correction of violations no later than the date specified in the notice of violation.
(4) The Department may conduct a re-inspection of the AFH-DD after the date the Department receives the report of compliance or after the date by which violations must be corrected as specified in the notice of violation.
(5) For violations that present an imminent danger to the health, safety, or welfare of individuals, the licensee must correct the violations and abate the conditions no later than 24 hours after receipt of the notice of violation. The Department inspects the AFH-DD after the 24-hour period to determine if the violations are corrected as specified in the notice of violation.
(6) If individuals are in immediate danger, the AFH-DD license may be suspended immediately and arrangements made to move the individuals.
(7) If, after inspection of the AFH-DD, the violations have not been corrected by the date specified in the notice of violation or if the Department has not received a report of compliance, the Department may institute one or more of the following actions:
(a) Imposition of an administrative sanction; or
(b) Filing of a criminal complaint.
Statutory/Other Authority: ORS 409.050, 410.070, 443.725, 443.730, 443.735, 443.738, 443.742, 443.760, 443.765, 443.767, 443.775 & 443.790
Statutes/Other Implemented: ORS 443.705 - 443.825
History:
SPD 34-2013, f. & cert. ef. 9-27-13
SPD 13-2010, f. 6-30-10, cert. ef. 7-1-10
SPD 3-2005, f. 1-10-05, cert. ef. 2-1-05