Or. Admin. R. 333-501-0050 - Civil Penalties for Violation of Smoking Prohibition

(1) If the Division determines that an administrator or person in charge of a hospital permits a person to smoke tobacco in a hospital or within 10 feet of a doorway, open window or ventilation intake of a hospital, the Division may assess a civil penalty of not more than $500 per day against the administrator or the person in charge of a hospital.
(2) In determining whether an administrator or person in charge of a hospital has permitted a person to smoke tobacco in violation of ORS 441.815, the Division shall consider whether:
(a) A hospital administrator or person in charge of a hospital has taken steps to enforce the smoking prohibitions, including calling law enforcement to report a violation;
(b) The hospital administrator or person in charge of a hospital took affirmative action to address any complaints about smoking in a hospital or within 10 feet of a doorway, open window or ventilation intake of a hospital; and
(c) A hospital administrator or person in charge of a hospital has taken steps to educate the public and staff about the smoking ban.
(3) A civil penalty issued under this rule shall not exceed $2,000 in any 30-day period.
(4) A civil penalty imposed under this rule shall comply with ORS 183.745.

Notes

Or. Admin. R. 333-501-0050
PH 11-2009, f. & cert. ef. 10-1-09

Stat. Auth.: ORS 441.815

Stats. Implemented: ORS 441.815

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