Chapter 427 — Persons With Intellectual or Developmental Disabilities

ORS 427.900 Authority of Department of Human Services to impose civil penalties; rules

(1)

The Department of Human Services shall adopt by rule civil penalties to be imposed, in accordance with ORS 183.745, for a violation of a statutory requirement or a rule adopted by the department applicable to the provision of services described in ORS 409.010 (2) by any provider contracting with the department to provide intellectual or developmental disability services including, but not limited to:

(a)

Residential training homes or residential training facilities, as defined in ORS 443.400;

(b)

Adult foster homes, as defined in ORS 443.705, that provide residential care to individuals with intellectual or developmental disabilities; and

(c)

Persons certified by the department to provide developmental disability services, as defined in ORS 427.101.

(2)

This section may not be construed to supersede ORS 418.992 or 441.710 or any other statute that prescribes criteria for or limitations on the imposition of a civil penalty.

(3)

Moneys collected by the department pursuant to rules adopted under this section shall be transferred to the State Treasury for deposit to the Department of Human Services Account established under ORS 409.060 and may be used by the division of the department that provides developmental disabilities services for system improvements and the implementation of policies.

(4)

No less frequently than every five years, the department shall review and update, if appropriate, civil penalties established under this section.

(5)

Civil penalties recovered from a residential training facility or a residential training home shall be deposited in the Long Term Care Ombudsman Account established in ORS 441.419.

Note: 427.900 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 427 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

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