Or. Admin. Code § 419-400-0270 - Licensing Umbrella Rules: Civil Penalties
(1) In addition to the actions described in
OAR 413-215-0121, as provided in ORS
418.992, the Department may
impose a civil penalty against a child-caring agency if the child-caring agency
has committed one of the following acts:
(a)
Violation of any of the terms or conditions of a license, certification, or
other authorization issued under ORS
418.205 to
418.327,
418.470,
418.475, or
418.950 to
418.970.
(b) Violation of any rule in OAR chapter 419,
division 400 or a general order of the Department against a child-caring
agency.
(c) Violation of any final
order of the Department that pertains specifically to the child-caring
agency.
(d) Violation of the
requirement to have a license, certificate, or other authorization under ORS
418.205 to
418.327,
418.470,
418.475, or
418.950 to
418.970.
(e) Violation of the disclosure requirements
applicable to a secure transportation services provider as
described in OAR 419-480-0110(2).
(2) The Department will by law
impose a civil penalty not to exceed $500, unless otherwise required by law, on
any child-caring agency for falsifying records, reports, documents, or
financial statements or for causing another person to do so.
(3) The Department will by law impose a civil
penalty of not less than $250 nor more than $500, unless otherwise required by
law, on a child-caring agency or child-care facility that assumes care or
custody of, or provides care or services to, a child in care knowing that the
child in care's care needs exceed the license, certificate, or authorization
classification of the child-caring agency if the assumption of care or custody,
or provision of care or services, places the child in care's health, safety, or
welfare at risk.
(4) As required by
ORS 418.995, the Department will
consider the following factors in making a decision about the level of penalty
imposed:
(a) The past history of the
child-caring agency incurring the penalty in taking all feasible steps or
procedures necessary or appropriate to correct any violation.
(b) Any prior violations of statutes or rules
pertaining to the child-caring agency.
(c) The economic and financial conditions of
the child-caring agency incurring the penalty.
(d) The immediacy and extent to which the
violation threatens or places at risk the health, safety, and well-being of the
children in care served by the child-caring agency.
(5) Civil Penalty Schedule. Except as
provided otherwise in sections (2) and (3) of this rule, for each violation by
the child-caring agency, the following civil penalty may be imposed:
(a) $100 per violation if all four
subsections of section (4) of this rule favor the child-caring
agency.
(b) $200 per violation if
three subsections of section (4) of this rule favor the child-caring
agency.
(c) $300 per violation if
two subsections of section (4) of this rule favor the child-caring
agency.
(d) $400 per violation if
one subsection of section (4) of this rule favor the child-caring
agency.
(e) $500 per violation if
no subsections of section (4) of this rule favor the child-caring
agency.
(6) Unless the
health, safety, or welfare of a child in care is at risk, in cases in which the
Department is considering the imposition of a civil penalty, the Department
will prescribe a reasonable time period for the child-caring agency to
eliminate the violation:
(a) Not to exceed 45
days after the first notice of violation; or
(b) In cases where the violation requires
more than 45 days to correct, such time as is specified in a plan of correction
found acceptable by the Department.
(7) Unless otherwise required by law, a civil
penalty imposed under this rule may be canceled or reduced under terms or
conditions determined by the Department to be proper and consistent with public
health and safety.
(8) A
child-caring agency against whom a civil penalty is to be imposed shall be
served a notice of violation and assessment of penalty in the form provided in
OAR 137-003-0505 and OAR
137-003-0670. Service of the
notice may be accomplished in the manner provided in ORS
411.103.
(9) As provided in ORS
418.993, the child-caring agency
to which the notice of violation and assessment of penalty is addressed has 10
days from the date of service of the notice in which to submit a written
request for a hearing. All such hearings shall be conducted as a contested case
hearing pursuant to the applicable provisions of ORS
183.413 to
183.470.
(10) If the child-caring agency does not
request a hearing, withdraws the hearing request, or fails to appear at the
hearing, the Department will issue a final order imposing the
penalty.
(11) A civil penalty
imposed under this rule is due and payable 10 days after the notice imposing
the civil penalty becomes a final order.
(12) If a final order of civil penalty is not
appealed or sustained on appeal, and the amount of penalty was not paid within
10 days after the expiration of the appeal deadline, the order may be recorded
with the county clerk in any county of this state. The clerk shall thereupon
record the name of the child-caring agency incurring the penalty and the amount
of the penalty in the County Clerk Lien Record.
(13) Upon recording an order in the County
Clerk Lien Record, the Department may initiate proceedings to enforce the order
by filing in the Circuit Court for the county where the order is recorded a
certified copy of the civil penalty order and a certified copy of the recording
made in the County Clerk Lien Record. Subject to any other requirements that
may apply to the enforcement proceedings sought by the Department, the court
shall then proceed as with judgments issued by the court. The Department may
use enforcement proceedings available to the Department in ORS chapter
18.
Notes
Statutory/Other Authority: ORS 409.050, ORS 418.005, ORS 418.994 & ORS 418.240
Statutes/Other Implemented: ORS 418.992 - 418.998 & ORS 418.205 - 418.327
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