Or. Admin. R. 333-050-0095 - School/Facility Compliance

(1) In the event that a school or facility fails to comply with these rules, the local health department shall make a verbal, documented contact with the non-compliant school or facility that covers:
(a) The specific requirements of the state's immunization law and rules; and
(b) Establishes a four-working-day time frame for the school or facility administrator to comply.
(2) If the school or facility still fails to comply, the local health department shall notify the Public Health Division of the name and address of the school or facility.
(3) The local health department shall send to the Public Health Division, via mail, electronic mail or facsimile, documentation of contacts made with the non-compliant school or facility.
(4) Within five working days of notification by the local health department, the Public Health Division shall send a certified letter to the non-compliant school or facility that:
(a) Notifies the school or facility that it is out of compliance and how it is out of compliance with the immunization law and rules;
(b) Establishes seven calendar days to comply before the matter is referred to the Attorney General's office; and
(c) Notifies the school or facility that a civil penalty may be imposed if the school or facility does not comply within seven calendar days.
(5) The Public Health Division shall send copies of the letter to the Child Care Division of the Employment Department, the Department of Education and/or the school district superintendent as appropriate.
(6) The Public Health Division shall notify the local health department of the new due date for compliance.
(7) If the school or facility does not comply by the new due date, the local health department shall notify the Public Health Division.
(8) The Public Health Division may impose a civil penalty on a school or facility that does not comply with the immunization law or rules after a notification of non-compliance. Civil penalties will be imposed as follows:
(a) One day late in complying: $100;
(b) Two days late in complying: $200;
(c) Three days late in complying: $300;
(d) Four days late in complying: $400;
(e) Five days or more late in complying: $500 per day until there is compliance.
(9) A notice of imposition of civil penalties shall comply with ORS 183.745.
(10) The Public Health Division shall forward all documentation of contacts to the Attorney General's office for action if the school or facility does not comply by the new date.

Notes

Or. Admin. R. 333-050-0095
OHD 26-2001, f. & cert. ef. 12-4-01; PH 12-2007, f. & cert .ef. 9-27-07; PH 6-2008, f. & cert. ef. 3-17-08; PH 24-2010, f. & cert. ef. 9-30-10; PH 1-2016, f. & cert. ef. 1/20/2016

Stat. Auth.: ORS 431.262, 433.004, 433.273

Stats. Implemented: ORS 431.262, 433.001, 433.004, 433.006 & 433.235 - 433.284

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