Or. Admin. Code § 414-305-1620 - Civil Penalty

(1) CCLD may assess a civil penalty of up to $2500 per violation of these rules or terms and conditions of certification.

(2) CCLD may assess a civil penalty in addition to any other appropriate legal action, considering:

(a) Numbers of previous violations of the same rule;

(b) Circumstances surrounding the rule violations; and

(c) Prior warnings, technical assistance, or legal actions regarding the certified child care center's compliance with the rule.

(3) For a serious violation, as defined in OAR 414-305-0100(49), a certified child care center may be subject to a civil penalty not to exceed $2500 for each violation.

(4) For a non-serious violation, a certified child care center may be subject to a civil penalty of $800 for each violation.

(5) CCLD may assess a separate civil penalty for each day for which CCLD has made a valid finding that a certified child care center is in violation of ORS 329A.250 to ORS 329A.450, these rules, or the terms and conditions of certification. CCLD may assess civil penalties for multiple days in a single action.

(6) An individual or entity that provides child care subject to registration or certification in a home or facility that is not registered or certified with CCLD may be subject to a civil penalty not to exceed $1,500 per day of operation of the uncertified facility.

(7) Notwithstanding CCLD's 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) A certified child care center may 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 CCLD has issued a final order by default or a final order after a contested case hearing shall be grounds for denial or revocation of a certified child care center certification.

Notes

Or. Admin. Code § 414-305-1620

ELD 10-2023, adopt filed 06/28/2023, effective 1/1/2024; DELC 52-2024, minor correction filed 04/12/2024, effective 4/12/2024

Statutory/Other Authority: ORS 329A.260

Statutes/Other Implemented: ORS 329A.346, ORS 329A.992, ORS 329A.994, ORS 329A.250 & ORS 329A.450