Or. Admin. Code § 333-050-0095 - School/Facility Compliance
(1) In the
event that a school or facility fails to comply with these rules, the local
health department shall make a verbal, documented contact with the
non-compliant school or facility that covers:
(a) The specific requirements of the state's
immunization law and rules; and
(b) Establishes a four-working-day time frame
for the school or facility administrator to comply.
(2) If the school or facility still fails to
comply, the local health department shall notify the Public Health Division of
the name and address of the school or facility.
(3) The local health department shall send to
the Public Health Division, via mail, electronic mail or facsimile,
documentation of contacts made with the non-compliant school or facility.
(4) Within five working days of
notification by the local health department, the Public Health Division shall
send a certified letter to the non-compliant school or facility that:
(a) Notifies the school or facility that it
is out of compliance and how it is out of compliance with the immunization law
and rules;
(b) Establishes seven
calendar days to comply before the matter is referred to the Attorney General's
office; and
(c) Notifies the
school or facility that a civil penalty may be imposed if the school or
facility does not comply within seven calendar days.
(5) The Public Health Division shall send
copies of the letter to the Child Care Division of the Employment Department,
the Department of Education and/or the school district superintendent as
appropriate.
(6) The Public Health
Division shall notify the local health department of the new due date for
compliance.
(7) If the school or
facility does not comply by the new due date, the local health department shall
notify the Public Health Division.
(8) The Public Health Division may impose a
civil penalty on a school or facility that does not comply with the
immunization law or rules after a notification of non-compliance. Civil
penalties will be imposed as follows:
(a) One
day late in complying: $100;
(b)
Two days late in complying: $200;
(c) Three days late in complying: $300;
(d) Four days late in complying:
$400;
(e) Five days or more late
in complying: $500 per day until there is compliance.
(9) A notice of imposition of civil penalties
shall comply with ORS
183.745.
(10) The Public Health Division shall forward
all documentation of contacts to the Attorney General's office for action if
the school or facility does not comply by the new date.
Notes
Stat. Auth.: ORS 431.262, 433.004, 433.273
Stats. Implemented: ORS 431.262, 433.001, 433.004, 433.006 & 433.235 - 433.284
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