Or. Admin. Code § 414-320-1620 - [Effective 7/1/2025] Civil Penalty

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

(2) DELC 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 ONB program's compliance with the rule.

(3) For a serious violation, as defined in OAR 414-320-0100(54), a certified ONB program may be subject to a civil penalty not to exceed $2500 for each violation.

(4) For a nonserious violation, a certified ONB program may be subject to a civil penalty of $800 for each violation.

(5) DELC may assess a separate civil penalty for each day for which DELC has made a valid finding that a certified ONB program is in violation of ORS 329A.250 to ORS 329A.450, these rules, or the terms and conditions of certification. DELC 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 DELC may be subject to a civil penalty not to exceed $1,500 per day of operation of the uncertified facility, as provided in OAR 414-075-0230.

(7) Notwithstanding DELC's decision to impose or not to impose a civil penalty for one or more rule violations, DELC may take action at any time to deny, suspend or revoke a certification for the same rule violation or violations.

(8) A certified ONB program 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 DELC 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 ONB program certification.

Notes

Or. Admin. Code § 414-320-1620

DELC 2-2025, adopt filed 03/26/2025, effective 7/1/2025

Statutory/Other Authority: ORS 329A.260, ORS 329A.346, ORS 329A.992, ORS 329A.994

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