(1) The Director of Human Services shall impose civil penalties under ORS § 441.710 (1) on a residential care facility or a long term care facility pursuant to ORS § 441.731.

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(2) After public hearing, the Director of Human Services by rule shall adopt objective criteria for establishing the civil penalty that may be imposed under ORS § 441.710 (1) on residential training facilities and residential training homes. However, the civil penalty may not exceed $500 for each violation, except as otherwise provided in this section or as otherwise required by federal law.

(3) The Director of the Oregon Health Authority by rule shall adopt objective criteria for establishing the civil penalty that may be imposed under ORS § 441.710 (2) on residential treatment facilities or residential treatment homes. However, the civil penalty may not exceed $500 for each violation, except as otherwise provided in this section or as otherwise required by federal law.

(4) Notwithstanding the limitations on the civil penalty in subsections (2) and (3) of this section, for any violation by a residential training facility, residential training home, residential treatment facility or residential treatment home involving direct resident care or feeding, an adequate staff to resident ratio or sanitation involving direct resident care, a penalty may be imposed for each day the violation occurs in an amount not to exceed $500 per day or as otherwise required by federal law. [1975 c.328 § 2; 1977 c.261 § 9; 1979 c.261 § 9; 1987 c.428 § 38; 1993 c.759 § 17; 2009 c.595 § 741; 2009 c.828 § 85; 2014 c.104 § 10; 2017 c.679 § 8]

See note under 441.705.