Or. Admin. R. 414-350-0405 - Civil Penalty

(1) Violations of these rules or terms and conditions of certification under these rules may be subject to a civil penalty up to $1200 per violation.
(2) Whenever the Child Care Licensing Division (CCLD) investigates an alleged complaint at a certified 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) CCLD 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.
(3) For a serious violation, as defined in OAR-414-350-0010(34), an owner may be subject to a civil penalty not to exceed $1200 for each violation.
(4) For a non"serious violation, an owner may be subject to a civil penalty of $400 for each violation.
(5) 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.
(6) An individual or entity that provides child care subject to licensing in a home or facility that is not certified with the Child Care Licensing Division, may be subject to a civil penalty not to exceed $1,500 per day of operation of the uncertified facility.
(7) Notwithstanding the Child Care Licensing Division's (CCLD) decision to impose a civil penalty for one or more rule violations, CCLD may also take action to deny, suspend or revoke a certification for the same rule violation or violations.
(8) The provider has the right to appeal any decision to impose a civil penalty, subject to the provisions of Chapter 183, Oregon Revised Statutes.
(9) Failure to pay a civil penalty in which the Child Care Licensing Division 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.

Notes

Or. Admin. R. 414-350-0405
CCD 4-2009(Temp), f. 12-30-09, cert. ef. 1-1-10 thru 6-30-10; CCD 4-2010, f. 6-29-10, cert. ef. 7-1-10; ELD 10-2018, amend filed 10/16/2018, effective 10/16/2018; ELD 23-2018, minor correction filed 11/02/2018, effective 11/2/2018; DELC 138-2023, amend filed 12/06/2023, effective 1/1/2024

Statutory/Other Authority: ORS 329A.260

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