Or. Admin. Code § 414-310-0720

Current through Register Vol. 63, No. 11, November 1, 2024

Section 414-310-0720 - 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 school-age center's compliance with the rule.

(3) For a serious violation, as defined in OAR 414-310-0120(39), a school-age center may be subject to a civil penalty not to exceed $2500 for each violation.

(4) For a non-serious violation, a school-age 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 school-age 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 school-age 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 school-age center certification.

Or. Admin. Code § 414-310-0720

ELD 10-2022, temporary suspend filed 07/06/2022, effective 07/06/2022 through 12/31/2022; Reverted to CCD 5-2010, f. 6-30-10, cert. ef. 7-1-10; ELD 7-2022, adopt filed 07/01/2022, effective 7/1/2022; DELC 140-2023, amend filed 12/06/2023, effective 1/1/2024; DELC 67-2024, minor correction filed 05/06/2024, effective 5/6/2024

Statutory/Other Authority: ORS 329A.280

Statutes/Other Implemented: ORS 329A.280