Or. Admin. Code § 414-205-0170 - [Repealed effective 7/1/2025] Suspension, Denial, Revocation, Findings Reviews and Civil Penalties
(1) A provider has the right to a
review of any finding made by CCLD. New applicants for registration will be
given a copy of CCLD's findings review procedures at the time of the on-site
inspection. Information on the CCLD findings review process will be in
complaint letters. The CCLD findings review procedures are also available upon
request.
(2) The Child Care
Licensing Division may immediately, and without prior notice, suspend the child
care registration when, in the opinion of CCLD, 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 CCLD 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, CCLD 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 CCLD
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 CCLD 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 CCLD 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 Child Care Licensing Division (CCLD) 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, CCLD 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.
(17) For a serious violation, as defined in
OAR-414-205-0010(31),
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 Child Care Licensing Division, may be subject to a civil penalty not
to exceed $1,500 per day of operation of the uncertified facility.
(21) 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.
(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 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
Statutory/Other Authority: ORS 329.610 & ORS 329A.260
Statutes/Other Implemented: ORS 329A.260
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