OAR 414-320-1610: Sanctions-Suspension, Denial and Revocation

(1) DELC may immediately, and without prior notice, suspend a certified ONB program’s certification when, in the opinion of DELC, such action is necessary to protect the children from physical or mental abuse or a substantial threat to health, safety or well‐being. Such action may be taken before an investigation is completed. (2) If a certified ONB program’s certification has been suspended, the program must: (a) Immediately notify, verbally or in writing, all parents of the suspension; (b) Immediately provide DELC with all names, work and home telephone numbers and addresses of the parent(s) or legal guardian(s) for each child; and (c) Post the suspension on the main entry door where it can be viewed by parents and others for the duration of the suspension. (3) If necessary to protect children, DELC may give public notice of denial, suspension or revocation action taken with respect to an ONB program’s certification. The type of notice will depend on individual circumstances. (4) If a certified ONB program does not request a hearing and the conditions which resulted in suspension have not been corrected, the ONB program’s certification shall be revoked. (5) Certification may be denied or revoked if a certified ONB program: (a) Fails to meet requirements or correct deficiencies; (b) Fails to correct conditions which resulted in suspension; (c) Fails to provide DELC with information requested; (d) Refuses to allow an inspection or allows an inspection only after DELC has obtained a warrant; (e) Is operated or maintained in a manner which is harmful to the health, safety or wellbeing of children in care; (f) Employs staff or has an operator who is not enrolled in the CBR or whose CBR enrollment is suspended; (g) Is owned by an individual who has denied or suspended enrollment in the CBR unless the program establishes that the owner will not be on the premises while children are in care or have access to child care children; (h) Knowingly provides inaccurate information to DELC or causes staff to do so; (i) Interferes with the good faith disclosure of information by staff or a volunteer concerning the abuse or mistreatment of a child in the certified ONB program, violations of certification requirements, criminal activity at the program, violations of state or federal law or any practice that threatens the health and safety of child care children, or otherwise engages in conduct prohibited by ORS 329A.348. (6) If a certified ONB program’s certification has been denied or revoked by final order, whether or not the ONB program is appealing the final order, the ONB program must immediately notify all parents of the closure and shall post a notice of the closure where it can be viewed by parents and others. The notice shall remain posted for a minimum of 2 weeks. (7) A certified ONB program may appeal any decision to suspend, deny or revoke the certification, subject to the provisions of chapter 183, Oregon Revised Statutes. (8) DELC may report any action to deny, suspend, or revoke a certified ONB program’s certification to the Department of Human Services, USDA Child Care Food Programs, or Child Care Resource and Referral System. (9) If a certified ONB program’s certification has been denied or revoked for cause as defined in OAR 414-075-0010, Definitions, the ONB program is not eligible to reapply for a certified ONB program certification for 5 years after the date of DELC’s final order denying or revoking the certification for cause. (10) If any person, who is enrolled in the CBR, has been charged with, arrested for, or a warrant is out for any of the crimes which DELC has determined indicate behavior which may have a detrimental effect on a child, with final disposition not yet reached, certification of such person to own or operate a certified ONB program may be denied or suspended or revoked until the charge, arrest, or warrant has been resolved if the person continues to own, operate, be employed in or reside in the program, or have access to children in the program. (11) A certified ONB program’s certification may be denied, suspended or revoked if an individual who is or is identified in an application as the owner, director, or operator has child abuse or neglect history or an open child protective services, child abuse or neglect, or law enforcement case that would make the individual ineligible for enrollment in the CBR.