Or. Admin. R. 414-205-0170 - Suspension, Denial, Revocation, Findings Reviews and Civil Penalties

(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.
(2) The 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.
(3) A 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 child.
(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 suspension.
(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 circumstances.
(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.
(9) 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 system.
(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 closure.
(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.
(14) 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.
(16) 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 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) 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
(B) Circumstances 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.
(23) 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.


Or. Admin. R. 414-205-0170
CCD 1-2000, f. 3-31-00, cert. ef. 4-2-00; CCD 5-2004, f. & cert. ef. 11-16-04; CCD 1-2005, f. & cert. ef. 4-29-05; CCD 2-2009(Temp), f. 12-30-09, cert. ef. 1-1-10 thru 6-30-10; CCD 2-2010, f. 6-29-10, cert. ef. 7-1-10; CCD 7-2010, f. 12-29-10, cert. ef. 1-1-11; ELD 4-2015, f. & cert. ef. 2/3/2015; ELD 12-2018, amend filed 10/16/2018, effective 10/16/2018; ELD 22-2018, minor correction filed 11/02/2018, effective 11/2/2018; ELD 40-2018, minor correction filed 11/29/2018, effective 11/29/2018; ELD 6-2020, amend filed 06/30/2020, effective 6/30/2020

Statutory/Other Authority: ORS 329.610 & ORS 329A.260

Statutes/Other Implemented: ORS 329A.260

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