(1) A provider has
the right to a review of any finding made by OCC. New applicants for
registration will be given a copy of OCC's findings review procedures at the
time of the on-site inspection. Information on the OCC findings review process
will be in complaint letters. The OCC findings review procedures are also
available upon request.
Office of Child Care may immediately, and without prior notice, suspend the
child care registration when, in the opinion of OCC, such action is necessary
to protect the children from physical or mental abuse or a substantial threat
to health, safety or well-being. Such action may be taken before an
investigation is completed.
provider whose registration has been suspended must immediately notify,
verbally or in writing, all parents of the suspension.
(4) A provider whose registration has been
suspended must immediately provide OCC with all names, work and home telephone
numbers and addresses of the parent(s) or legal guardian(s) for each
(5) A provider whose
registration has been suspended must post the suspension in the home where it
can be viewed by parents and others for the duration of the
(6) If necessary to
protect children, OCC may give public notice of denial, suspension or
revocation action taken. The type of notice will depend on individual
(7) If the provider
does not request a hearing and the conditions which resulted in suspension have
not been corrected, the registration shall be revoked.
(8) Registration may be denied or revoked if
a registered family child care home fails to meet requirements, provide OCC
with information requested, allow an inspection, correct deficiencies, or is
operated or maintained in a manner which is harmful to the health, safety or
well-being of children in care.
A registered family child care home whose registration has been denied or
revoked must immediately notify all parents of the closure and shall post a
notice of the closure where it can be viewed by parents and others. The notice
shall remain posted for a minimum of 2 weeks.
(10) The provider has the right to appeal any
decision to deny, suspend, or revoke the registration, subject to the
provisions of Chapter 183, Oregon Revised Statutes.
(11) Any action taken by OCC to deny,
suspend, or revoke registration may be reported to the Department of Human
Services, USDA Child Care Food Programs and child care resource and referral
(12) A provider whose
registration has been denied for cause (e.g. health and safety concerns,
criminal activity or child abuse and neglect involvement) or revoked for cause
shall not be eligible to reapply for 5 years after the effective date of the
(13) If any person, who is
enrolled in the CBR, has been charged with, arrested for, or a warrant is out
for any of the crimes which OCC has determined indicate behavior which may have
a detrimental effect on a child, with final disposition not yet reached,
registration may be denied or suspended or revoked until the charge, arrest, or
warrant has been resolved if the person continues to operate, be employed in or
reside in the home, or have access to children in the home.
Registration may be denied, suspended or
revoked if an individual listed in OAR 414-205-0040
has a child abuse and
neglect history or an open child abuse and neglect or law enforcement case that
would disqualify the individual from the CBR.
(15) Violations of these rules or terms and
conditions of certification under these rules may be subject to a civil penalty
up to $750 per violation.
Whenever the Office of Child Care (OCC) investigates an alleged complaint at a
registered facility, or a facility that may be operating in violation of the
requirements of ORS
(a) Provide technical assistance
(b) Send written
notice of the complaint visit to the facility with a finding of valid, unable
to substantiate, or invalid; and
OCC 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
surrounding the rule violation.
(17) For a serious violation, as defined in
OAR-414-205-0010(30), a provider may be subject to a civil penalty not to
exceed $750 for each violation.
(18) For a non-serious violation, a provider
may be subject to a civil penalty of $250 for each violation.
(19) 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.
(20) An individual or entity that provides
child care subject to licensing in a home or facility that is not certified
with the Office of Child Care, may be subject to a civil penalty not to exceed
$1,500 per day of operation of the uncertified facility.
(21) Notwithstanding the Office of Child
Care's (OCC) decision to impose a civil penalty for one or more rule
violations, OCC may also take action to deny, suspend or revoke a certification
for the same rule violation or violations.
(22) The provider has the right to appeal any
decision to impose a civil penalty, subject to the provisions of chapter 183,
Oregon Revised Statutes.
Failure to pay a civil penalty in which the Office of Child Care 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.