OAR 333-026-0030: Civil Penalties for Violations of OAR Chapter 333, Divisions 18 and 19

(1) A civil penalty may be imposed against a person or entity for a violation of any provision in OAR chapter 333, division 18 or 19, including but not limited to: (a) Failing to report a reportable disease in accordance with OAR chapter 333, division 18; (b) Reporting to work in a communicable stage of any restrictable disease in violation of OAR 333-019-0010 or 333-019-0046; (c) Permitting a child to attend school in violation of OAR 333-019-0010; (d) Failing to immunize an animal against rabies in accordance with OAR 333-019-0017; (e) Failing to license a dog in accordance with OAR 333-019-0019; (f) Failing to euthanize an animal in accordance with OAR 333-019-0024 or 333-019-0027; (g) Euthanizing an animal or destroying the head of a mammal that has bitten a person without authorization under OAR 333-019-0024 from the local public health authority; and (h) Failing to confine an animal in accordance with OAR 333-019-0027. (2) Prior to issuing a notice of imposition of civil penalty, the Oregon Health Authority or the local public health authority shall send a written warning letter advising the person or entity that they are not in compliance with a rule in OAR chapter 333, division 18 or 19 and that continued noncompliance may result in the issuance of a notice of imposition of civil penalty. A person or entity's assertion that they did not receive the warning letter is not a defense to a notice of imposition of civil penalty. (3) Civil penalties shall be imposed as follows: (a) First violation: $100; (b) Second violation: $200; (c) Third or subsequent violation: $500. (4) Each day a person or entity is out of compliance with a provision of OAR chapter 333, division 18 or 19 will be considered a new violation. (5) A civil penalty may not exceed $500 a day per violation. (6) A notice of imposition of civil penalty shall comply with ORS 183.745.