Or. Admin. Code § 419-400-0270
Current through Register Vol. 63, No. 12, December 1, 2024
Section 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.Or. Admin. Code § 419-400-0270
SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95; Renumbered from 413-210-0030, CWP 29-2008, f. & cert. ef. 10-17-08; CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16; CWP 22-2016, f. & cert. ef. 12-1-16; CWP 126-2018, amend filed 12/26/2018, effective 01/01/2019; CWP 9-2022, temporary amend filed 06/23/2022, effective 06/23/2022 through 12/19/2022; CWP 25-2022, amend filed 10/31/2022, effective 11/01/2022; Renumbered from 413-215-0116 by CWP 26-2022, filed 11/28/2022, effective 12/1/2022; OTIS 9-2023, minor correction filed 01/18/2023, effective 1/18/2023Statutory/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