OAR 333-012-0070: Minimum Standards, Program Review and Penalties

(1)(a) The Local Public Health Authority may request approval from the Authority to implement alternative inspection or enforcement procedures by submitting a plan that includes expected performance measures and outcomes. If approved, the alternative inspection or enforcement procedures must be included in the annual Intergovernmental Agreement. (b) The Local Public Health Authority may adopt ordinances on applicable matters provided they are not less stringent than the Oregon Administrative Rules adopted pursuant to ORS Chapters 183, 446, 448 and 624. Any ordinance proposed for adoption on matters applicable to food service operators more stringent than those set forth in ORS Chapter 624 and rules adopted thereunder must be approved by the Authority and the cost of implementing any ordinance so adopted may not be charged to license fees adopted pursuant to ORS 624.510(2). Notwithstanding the provisions of this subsection, when an emergency exists and delay may result in an immediate danger to public health, Local Public Health Authorities may adopt ordinances without prior Authority approval. This subsection does not affect ordinances that are required to be adopted as specified in these rules. (2) The Local Public Health Authority is subject to a performance review by the Authority of both office and field activities to determine compliance with these rules. A review of each Local Public Health Authority shall be conducted at least once every three years by the Authority. The Authority shall submit the results of the review to the Local Public Health Authority. The field review may be conducted using an inspection protocol approved by the Authority. The Authority may waive the requirement for a field review. (3) The Authority shall conduct a triennial fiscal audit of the Local Public Health Authority and the Authority may conduct additional fiscal audits of the Local Public Health Authority if deemed necessary. (4) The Local Public Health Authority shall be surveyed by the Authority at least annually to determine accomplishments and needs. The survey results shall guide the Authority in providing assistance, guidance, training, consultation and support as needed. (5) If a performance review reveals that the Local Public Health Authority is not complying with the provisions of these rules or the Intergovernmental Agreement, the Local Public Health Authority shall be notified by the Authority of the areas of non-compliance. The Local Public Health Authority must correct the deficiencies within the time frames required and report the corrections to the Authority. (a) If the Authority determines that the deficiencies result in a serious human health hazard, compliance shall be required immediately. If the Authority determines that the deficiencies do not result in a serious human health hazard, a longer period of time may be allowed for compliance. However, the maximum time allowed for compliance, after notice is issued by the Authority, is as follows: (A) Up to 90 days to correct administrative deficiencies such as, but not limited to, accounting reports and records; (B) Up to 180 days to correct program deficiencies such as, but not limited to, inadequate frequency of inspections, scoring, staffing and lack of enforcement action. (b) Notwithstanding subsection (5)(a) of this rule, the Authority may allow a longer time frame for compliance if deemed necessary; (c) If the Authority determines that the Local Public Health Authority did not use the proper cost elements in determining the fee or that the amount of the fee is not justified, the Authority may order the Local Public Health Authority to adjust any fee, as soon as is possible, to a level supported by the Authority's analysis of the fee. (6) When a Local Public Health Authority has been notified of an emergency health hazard and is either unwilling or unable to administer or enforce delegated standards, the Authority may, pursuant to ORS 431.170, immediately take responsibility of the functions and collect the monies necessary to protect public health. When the health hazard has been resolved or is no longer an emergency, the Authority may return authority to the Local Public Health Authority and may initiate a review to determine if delegation is to be continued. (7) The Authority may deny or revoke the delegation of a program if the Local Public Health Authority: (a) Does not have sufficient qualified personnel to conduct the program; (b) Has failed to perform its delegated duties satisfactorily; (c) Has engaged in deceit or fraud in the conduct of the program or maintenance of its associated records. (8) Suspension or rescission of a delegation must be in accordance with ORS Chapter 183 relating to contested cases. (9) The Authority shall immediately respond to a request by the Local Public Health Authority for personnel or equipment during an emergency. If the Authority is unable to assist as requested, the Authority shall immediately notify the Local Public Health Authority and provide any possible assistance.