Or. Admin. R. 414-350-0405 - Civil Penalty
(1) Violations
of these rules or terms and conditions of certification under these rules may
be subject to a civil penalty up to $1200 per violation.
(2) Whenever the Child Care Licensing
Division (CCLD) investigates an alleged complaint at a certified facility, or a
facility that may be operating in violation of the requirements of ORS
329A.250 through
329A.450, OCC shall:
(a) Provide technical assistance as
appropriate;
(b) Send written
notice of the complaint visit to the facility with a finding of valid, unable
to substantiate, or invalid; and
(c) CCLD shall assess whether additional
legal actions are appropriate, including but not limited to civil penalties,
denials, revocations or suspensions, depending upon:
(A) Numbers of previous violations of the
same rule; or
(B) Circumstances
surrounding the rule violation.
(3) For a serious violation, as defined in
OAR-414-350-0010(34), an owner may be subject to a civil penalty not to exceed
$1200 for each violation.
(4) For a
non"serious violation, an owner may be subject to a civil penalty of $400 for
each violation.
(5) Each day that a
child care facility is operating in violation of any of the rules and
conditions of certification is a separate violation of the rules.
(6) An individual or entity that provides
child care subject to licensing in a home or facility that is not certified
with the Child Care Licensing Division, may be subject to a civil penalty not
to exceed $1,500 per day of operation of the uncertified facility.
(7) Notwithstanding the Child Care Licensing
Division's (CCLD) 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) The provider has the right to 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 the Child Care Licensing Division has
issued a final order by default or a final order after a contested case hearing
shall be grounds for denial or revocation of the facility's
certification.
Notes
Statutory/Other Authority: ORS 329A.260
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(1) Violations of these rules or terms and conditions of certification under these rules may be subject to a civil penalty up to $1200 per violation.
(2) Whenever the Child Care Licensing Division (CCLD) investigates an alleged complaint at a certified facility, or a facility that may be operating in violation of the requirements of ORS 329A.250 through 329A.450, OCC shall:
(a) Provide technical assistance as appropriate;
(b) Send written notice of the complaint visit to the facility with a finding of valid, unable to substantiate, or invalid; and
(c) CCLD shall assess whether additional legal actions are appropriate, including but not limited to civil penalties, denials, revocations or suspensions, depending upon:
(A) Numbers of previous violations of the same rule; or
(B) Circumstances surrounding the rule violation.
(3) For a serious violation, as defined in OAR-414-350-0010(34), an owner may be subject to a civil penalty not to exceed $1200 for each violation.
(4) For a non"serious violation, an owner may be subject to a civil penalty of $400 for each violation.
(5) Each day that a child care facility is operating in violation of any of the rules and conditions of certification is a separate violation of the rules.
(6) An individual or entity that provides child care subject to licensing in a home or facility that is not certified with the Child Care Licensing Division, may be subject to a civil penalty not to exceed $1,500 per day of operation of the uncertified facility.
(7) Notwithstanding the Child Care Licensing Division's (CCLD) 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) The provider has the right to 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 the Child Care Licensing Division has issued a final order by default or a final order after a contested case hearing shall be grounds for denial or revocation of the facility's certification.
Notes
Statutory/Other Authority: ORS 329A.260