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| What Licensees Should Know |
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Have you been notified that a complaint has been filed against you? Have you been cited during a facility inspection? You should know your rights and understand how the disciplinary process works.
The Oregon Health Licensing Agency (OHLA) and the volunteer citizen boards and councils overseen by the OHLA central agency are required by state law to uphold regulations meant to protect the health, safety and rights of consumers.
The OHLA central agency has statutory authority to conduct investigations and to discipline licensees who violate Oregon Revised Statutes (ORS) or Oregon Administrative Rules (OAR).
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| Informal Resolution Encouraged |
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Every effort is made to resolve disciplinary matters informally. OHLA encourages licensees to settle disciplinary matters prior to a contested case hearing.
In fact, nearly 100 percent of disciplinary cases are resolved without going to a contested case hearing. OHLA regulatory compliance staff are ready to work with licensees to reach a fair and satisfactory resolution to each disciplinary case.
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| Licensees Receive Due Process |
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OHLA strictly follows the Oregon Attorney General’s Model Rules of Procedure, which require that licensees receive due process during disciplinary proceedings.
While rare in occurrence, licensees may contest a disciplinary action to the Oregon Supreme Court. Licensees / respondents should remember that even while negotiations are taking place, they retain the right to a hearing before an impartial hearings officer and to representation by an attorney.
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| Notice of Disciplinary Action |
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Disciplinary action begins with a Notice of Proposed Discipline and Rights, which states the alleged violation(s), proposed penalty and the rights of the licensee.
This information becomes available to the public only after a final order is issued. Specific details of an investigation may not be disclosed to the public.
For major violations, disciplinary actions may include fines up to $5,000 and suspension or revocation of a practitioner’s license, certification or registration.
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| Responding to a Notice |
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If you receive a disciplinary notice, you must respond within the time designated on the notice if you would like to contest the allegations or negotiate a settlement.
Proposed discipline is just that — what OHLA proposes as discipline to address alleged violations based on the evidence and the specific, related state law and administrative rule.
Failure to respond to a disciplinary notice is considered a default of your rights, and OHLA may proceed with disciplinary action. A disciplinary notice issued as a Proposed /Final Order and Notice automatically becomes a final order if you fail to respond within the designated time.
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