Oregon Statutes 101.110 – Revocation of registration; findings
(1) The registration of a provider shall remain in effect until revoked, after notice and hearing, upon written findings of fact by the Department of Human Services that the provider has:
Terms Used In Oregon Statutes 101.110
- Escrow: Money given to a third party to be held for payment until certain conditions are met.
- Provider: means an owner or operator, whether a natural person, partnership, trust, limited liability company, corporation or unincorporated association, however organized, of a new or existing continuing care retirement community, whether operated for profit or not, that provides, plans to provide or agrees to provide continuing care to one or more unrelated residents under a residency agreement. See Oregon Statutes 101.020
(a) Violated any provision of this chapter or any rule or order adopted under this chapter;
(b) Failed to file an annual disclosure statement required by ORS § 101.052;
(c) Failed to make available to prospective and current residents the disclosure statements required by ORS § 101.050 and 101.052;
(d) Delivered to prospective residents a disclosure statement as provided by ORS § 101.050 and 101.052 that makes an untrue statement of material fact or omits a material fact and the provider, at the time of the delivery of the disclosure statement, knew or should have known of the misstatement or omission;
(e) Failed to comply with the terms of a cease and desist order described in ORS § 101.120;
(f) Failed to establish and maintain reserves required by ORS § 101.060; or
(g) Failed to place reserves in an escrow account when required by the department under ORS § 101.060.
(2) Findings of fact in support of revocation, if set forth in statutory language, shall be accompanied by a concise and explicit statement of the underlying facts supporting the findings.
(3) If the department finds, after notice and hearing, that the provider has been guilty of a violation for which revocation could be ordered, it may first issue a cease and desist order. If the cease and desist order is or cannot be effective in remedying the violation, the department may, after notice and hearing, order that the registration be revoked.
(4) If the department revokes a provider’s registration, the provider shall supply the department with a list of the names and addresses of all residents who have entered into residency agreements with the provider. [1989 c.693 § 15; 2009 c.201 § 9]