OAR 333-070-0230: Suspending, Revoking, or Denying a Training Program’s Accreditation; Civil Penalties

(1) The Authority may: (a) Enter private or public property at any reasonable time with consent of the owner or custodian of the property to inspect or investigate as necessary to determine compliance with ORS 431A.355; (b) Issue subpoenas to determine compliance with ORS 431A.355; (c) Suspend, revoke, or deny an accreditation if the holder of the accreditation fails to comply with state or federal statutes or regulations related to lead-based paint; and (d) Issue civil penalties not to exceed $5,000 per violation for a violation of ORS 431A.355, or any of these rules, including failure or refusal to permit entry or inspection in accordance with this rule. (A) In issuing civil penalties the Authority shall consider whether: (i) The Authority made repeated attempts to obtain compliance; (ii) The training program has a history of noncompliance with environmental statutes or regulations; (iii) The violation poses a serious risk to the public's health; (iv) The training program gained financially from the noncompliance; and (v) There are mitigating factors, such as the training program’s cooperation with an investigation or actions to come into compliance. (B) The Authority shall document its consideration of the factors in paragraph (1)(d)(A) of this rule. (C) Each day a violation continues is an additional violation. (D) A civil penalty imposed under this rule shall comply with ORS 183.745. (2) An accredited training program that is issued a notice of suspension, revocation or denial shall have the right to a contested case hearing under ORS chapter 183. (3) The Authority shall maintain a publicly available list of training programs whose accreditation has been suspended, revoked, denied, or reinstated. (4) Unless a final order specifies otherwise: (a) An accredited training program whose accreditation has been revoked may reapply for reaccreditation after one year from the date of revocation. (b) If the training program’s accreditation has been suspended and the suspension ends less than four years after the training program was initially accredited or reaccredited, the training program does not need to do anything to reactivate its accreditation once the period of suspension has expired.