OAR 333-077-0260: Civil Penalties

(1) A licensee that violates a birthing center licensing law, including OAR 333-077-0230 is subject to the imposition of a civil penalty not to exceed $500 per day per violation. (2) In determining the amount of a civil penalty, the Oregon Health Authority (Authority) shall consider whether: (a) The Authority made repeated attempts to obtain compliance; (b) The licensee has a history of noncompliance with birthing center licensing laws; (c) The violation poses a serious risk to the public's health; (d) The licensee gained financially from the noncompliance; and (e) There are mitigating factors, such as a licensee's cooperation with an investigation or actions to come into compliance. (3) The Authority shall document its consideration of the factors in section (2) of this rule. (4) Each day a violation continues is an additional violation. (5) A civil penalty imposed under this rule shall comply with ORS 183.745.