Oregon Statutes 441.316 – Termination of trust; extension; license revocation
(1) The court may terminate a trust if the time period specified in the order appointing the trustee lapses or if the patients in the facility have been provided with care in another facility or upon petition of the licensee if the licensee intends to discontinue the operation of or close the facility during the period of trust. The court may use its discretion in terminating a trust upon petition of the licensee to determine whether discontinuance or closure will promote the health and safety of the patients.
Terms Used In Oregon Statutes 441.316
- 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
- Trustee: A person or institution holding and administering property in trust.
(2) At the expiration of the period for which the trustee was appointed, the court shall make a determination as to the future of the facility based upon evidence presented to the court. At that time the court may decide to:
(a) Order the Department of Human Services to issue a new license to the person that was the licensee when the department filed the petition under ORS § 441.281 and permit the facility to continue in operation;
(b) Extend the period of appointment of the trustee by not more than 90 days; or
(c) Order the department without further administrative hearing to revoke the license of the facility.
(3) Nothing in ORS § 441.277 to 441.323 is intended to limit or prohibit any licensee from ceasing the operation of and closing a facility during the period of the trust. However, the licensee intending to do so shall give written notice of the intended action to the trustee pursuant to rules of the department. The trustee may continue to operate the facility for a period of not more than 60 days after notice is received. The licensee shall be liable for any expenses incurred in the operation of the facility during this period. [1981 c.868 § 11; 1987 c.428 § 22; 2009 c.539 § 9]