(1) Except as provided in subsection (2) of this section, the Department of Human Services or the Oregon Health Authority may revoke or suspend the license of any residential care facility that is not operated in accordance with ORS § 443.002 or 443.400 to 443.455 or the rules of the licensing agency. Such revocation or suspension must be taken in accordance with rules of the licensing agency and ORS Chapter 183. However, in cases where an imminent danger to the health or safety of the residents exists, a license may be suspended immediately pending a fair hearing not later than the 10th day after such suspension.

Terms Used In Oregon Statutes 443.421

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Trustee: A person or institution holding and administering property in trust.

(2)(a) In a case where an imminent danger to the health or safety of the residents exists, a residential care facility license may be suspended immediately.

(b) The residential care facility is entitled to a contested case hearing to appeal an order of immediate suspension in accordance with procedures adopted by the Department of Justice by rule concerning emergency license suspensions.

(c) When the Department of Human Services issues an immediate suspension order under this subsection, the department may:

(A) Transition all residents of the residential care facility to other residential facilities; or

(B) Appoint a management company with demonstrated skill and experience in operating residential facilities to manage the residential care facility and care for the residents of the facility. If the facility is unable to pay for the appointed management company, the department shall use funds from the facility trustee account fund to cover the cost. [Formerly 443.440; 2021 c.316 § 4]

 

  Previous section
Next section  
 Residential Facilities and Homes Contents