OAR 333-540-0080: Civil Penalties

(1) A caregiver registry that violates caregiver registry laws, including OAR 333-540-0065 (violations), is subject to the imposition of a civil penalty not to exceed $1,000 per violation and may not total more than $2,000. (2) In determining the amount of a civil penalty, the Division shall consider whether: (a) The Division made repeated attempts to obtain compliance; (b) The licensee has a history of noncompliance with caregiver registry 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 Division 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.