Or. Admin. R. 414-310-0720 - Civil Penalty
(1) CCLD may
assess a civil penalty of up to $2500 per violation of these rules or terms and
conditions of certification.
(2)
CCLD may assess a civil penalty in addition to any other appropriate legal
action, considering:
(a) Numbers of previous
violations of the same rule;
(b)
Circumstances surrounding the rule violations; and
(c) Prior warnings, technical assistance, or
legal actions regarding the school-age center's compliance with the
rule.
(3) For a serious
violation, as defined in OAR 414-310-0120(39), a school-age center may be
subject to a civil penalty not to exceed $2500 for each violation.
(4) For a non-serious violation, a school-age
center may be subject to a civil penalty of $800 for each violation
(5) CCLD may assess a separate civil penalty
for each day for which CCLD has made a valid finding that a school-age center
is in violation of ORS 329A.250 to ORS 329A.450, these rules, or the terms and
conditions of certification. CCLD may assess civil penalties for multiple days
in a single action.
(6) An
individual or entity that provides child care subject to registration or
certification in a home or facility that is not registered or certified with
CCLD may be subject to a civil penalty not to exceed $1,500 per day of
operation of the uncertified facility.
(7) Notwithstanding CCLD's decision to impose
a civil penalty for one or more rule violations, CCLD may also take action to
deny, suspend or revoke a certification for the same rule violation or
violations.
(8) A school-age center
may appeal any decision to impose a civil penalty, subject to the provisions of
chapter 183, Oregon Revised Statutes.
(9) Failure to pay a civil penalty in which
CCLD has issued a final order by default or a final order after a contested
case hearing shall be grounds for denial or revocation of a school-age center
certification.
Notes
Statutory/Other Authority: ORS 329A.280
Statutes/Other Implemented: ORS 329A.280
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(1) CCLD may assess a civil penalty of up to $2500 per violation of these rules or terms and conditions of certification.
(2) CCLD may assess a civil penalty in addition to any other appropriate legal action, considering:
(a) Numbers of previous violations of the same rule;
(b) Circumstances surrounding the rule violations; and
(c) Prior warnings, technical assistance, or legal actions regarding the school-age center's compliance with the rule.
(3) For a serious violation, as defined in OAR 414-310-0120(39), a school-age center may be subject to a civil penalty not to exceed $2500 for each violation.
(4) For a non-serious violation, a school-age center may be subject to a civil penalty of $800 for each violation
(5) CCLD may assess a separate civil penalty for each day for which CCLD has made a valid finding that a school-age center is in violation of ORS 329A.250 to ORS 329A.450, these rules, or the terms and conditions of certification. CCLD may assess civil penalties for multiple days in a single action.
(6) An individual or entity that provides child care subject to registration or certification in a home or facility that is not registered or certified with CCLD may be subject to a civil penalty not to exceed $1,500 per day of operation of the uncertified facility.
(7) Notwithstanding CCLD's decision to impose a civil penalty for one or more rule violations, CCLD may also take action to deny, suspend or revoke a certification for the same rule violation or violations.
(8) A school-age center may appeal any decision to impose a civil penalty, subject to the provisions of chapter 183, Oregon Revised Statutes.
(9) Failure to pay a civil penalty in which CCLD has issued a final order by default or a final order after a contested case hearing shall be grounds for denial or revocation of a school-age center certification.
Notes
Statutory/Other Authority: ORS 329A.257
Statutes/Other Implemented: ORS 329A.257