Or. Admin. R. 333-069-0110 - Violations; Schedule of Penalties
(1) The Authority may assess civil penalties,
or deny, suspend or revoke any accreditation or certification applied for or
issued under these rules for any of the following violations:
(a) Level one violations:
(A) Offering to perform or performing
lead-based paint activities without Authority certification and Oregon
Construction Contractors Board (CCB) licensing, unless specifically exempted by
these rules.
(B) Clearance
examination inconsistencies including, but not limited to, the following:
(i) Failure to conduct clearance examination;
(ii) Allowing rehabitation before
clearance has been achieved; or
(iii) Allowing rehabitation when lead hazard
levels exceed the standard;
(C) The collection of samples as described in
these rules by a non-certified individual or firm;
(D) Obtaining certification via fraud or
duplication of certification documents;
(E) Conducting lead-based paint activities
with a revoked, suspended or expired certification;
(F) Employing uncertified individuals to
conduct lead-based paint activities;
(G) Failure to comply with a consent
agreement or an administrative order;
(H) Falsification of results of lead-hazard
sampling;
(I) Removing paint from
target housing or child-occupied facilities without proper certification from
the Authority; or
(J) Use of
prohibited abatement methods.
(b) Level two violations:
(A) Failure to comply with prescribed work
practice standards;
(B) Improper
collection or handling of samples or sampling information collected for an
inspection, risk assessment, clearance, or lead-hazard screen;
(C) Failure to use a National Lead Laboratory
Accreditation Program laboratory for analysis of samples referred to in
paragraph (1)(b)(B) of this rule;
(D) Incomplete, missing or late reports;
(E) Failure to provide notice of
abatement, or notice given in a manner that obstructs proper oversight;
(F) Failure to provide client with
report of lead-based paint activity in a timely manner, as specified for in
these rules;
(G) Failure or
refusal to establish, maintain, provide, copy, or permit access to records or
reports as required; or
(H)
Performance by a certified individual of lead-based paint activity outside of
the scope of that individual's certification.
(c) Level three violations:
(A) Conducting lead-based paint activities
without a valid certification badge;
(B) Conducting lead-based paint abatement
without an occupant protection plan.
(2) If the Authority finds a violation of
these rules that is not categorized in accordance with section (1) of this
rule, the Authority, in its discretion, will determine what level the violation
is depending on its severity and the extent to which the violation poses a risk
to the public's health.
(3)
Penalties will be assessed according to the following schedule:
(a) Level one violations:
(A) First offense: notice of noncompliance
and a civil penalty of up to $1,000.
(B) Second offense: notice of noncompliance,
a civil penalty of up to $3,000 and suspension of certification for up to 90
days.
(C) Third offense: notice of
noncompliance, a civil penalty of up to $5000 and either suspension of
certification for up to 180 days or revocation of certification.
(b) Level two violations:
(A) First offense: notice of noncompliance
and a civil penalty of up to $500.
(B) Second offense: notice of noncompliance
and a civil penalty of up to $2,000.
(C) Third offense: notice of noncompliance, a
civil penalty of up to $5,000 and suspension of certification for up to 30
days.
(c) Level three
violations:
(A) First offense: warning
letter.
(B) Second offense: notice
of noncompliance.
(C) Third
offense: notice of noncompliance and a civil penalty of up to $100.
(4) The civil penalties
in section (3) of this rule are per day per violation, not to exceed $5,000 for
each violation.
(5) The Authority
may revoke, suspend, or refuse to issue or reissue the certification of any
individual or firm who fails to pay a civil penalty that has become due and
payable.
(6) Notices of
non-compliance, civil penalties, suspensions or revocations will be issued in
accordance with ORS chapter 183.
Notes
Stat. Auth.: ORS 431A.355, 701.992
Stats. Implemented: ORS 431A.355, 701.992
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