(1) Subject to ORS § 443.490, a person that owns or operates a community-based structured housing facility offered to the general public that is not licensed or registered under any other law of this state or under a city or county ordinance or regulation shall register the name and address of the owner or operator if the facility with:

Terms Used In Oregon Statutes 443.485

  • City: includes any incorporated village or town. See Oregon Statutes 174.100
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
  • Statute: A law passed by a legislature.

(a) The Oregon Health Authority if the facility provides services and support to two or more adult residents, not related to the person by blood or marriage, who have mental, emotional, behavioral or substance use disorders; or

(b) The Department of Human Services if the facility provides services and support to two or more adult residents, not related to the resident by blood or marriage, who are elderly or who have disabilities.

(2) The registration fee is $20 annually.

(3) The authority or the department shall establish by rule reasonable and appropriate standards for the operation of facilities subject to ORS § 443.480 to 443.500 that fall within their respective jurisdictions. The standards must be consistent with the residential nature of the facilities and must address, at a minimum, the:

(a) Physical properties of a facility;

(b) Storage, preparation and serving of food at a facility that provides prepared meals;

(c) Storage, preparation and dispensing of medications and the assistance provided by staff to adult residents in taking medications; and

(d) Number, experience and training of the staff of a facility.

(4) The authority or the department shall provide evidence of the registration to the person. The evidence shall be posted in a facility.

(5) The authority or the department may impose a civil penalty not to exceed $5,000 for:

(a) Operating without registration as required under this section; or

(b) A violation of ORS § 443.880 or 443.881.

(6) The authority or the department may suspend or revoke registration or deny the issuance of registration for violation of any statute, rule, ordinance or regulation relating to the facility.

(7) Rules adopted under subsection (3) of this section must avoid imposing on facilities regulated by federal agencies any reporting requirements or review processes that duplicate the reporting requirements or review processes imposed by the federal agency.

(8) A facility is not required to register with both the authority and the department under this section. If a facility is subject to registration by both the authority and the department, the Director of the Oregon Health Authority and the Director of Human Services shall jointly determine with which agency the facility must register. [1989 c.581 § 1; 1991 c.413 § 5; 2007 c.70 § 249; 2015 c.740 § 3; 2021 c.242 § 2; 2023 c.267 § 10]

 

See note under 443.480.