OAR 414-320-1620: Civil Penalty

(1) DELC may assess a civil penalty of up to $2500 per violation of these rules or terms and conditions of the ONB program certification. (2) DELC may assess a civil penalty in addition to any other appropriate legal action, considering: (a) Numbers of previous violations of the same rule; (b) Circumstances surrounding the rule violations; and (c) Prior warnings, technical assistance, or legal actions regarding the certified ONB program’s compliance with the rule. (3) For a serious violation, as defined in OAR 414-320-0100(54), a certified ONB program may be subject to a civil penalty not to exceed $2500 for each violation. (4) For a non‐serious violation, a certified ONB program may be subject to a civil penalty of $800 for each violation. (5) DELC may assess a separate civil penalty for each day for which DELC has made a valid finding that a certified ONB program is in violation of ORS 329A.250 to ORS 329A.450, these rules, or the terms and conditions of certification. DELC may assess civil penalties for multiple days in a single action. (6) An individual or entity that provides child care subject to registration or certification in a home or facility that is not registered or certified with DELC may be subject to a civil penalty not to exceed $1,500 per day of operation of the uncertified facility, as provided in OAR 414-075-0230. (7) Notwithstanding DELC’s decision to impose or not to impose a civil penalty for one or more rule violations, DELC may take action at any time to deny, suspend or revoke a certification for the same rule violation or violations. (8) A certified ONB program may appeal any decision to impose a civil penalty, subject to the provisions of chapter 183, Oregon Revised Statutes. (9) Failure to pay a civil penalty in which DELC has issued a final order by default or a final order after a contested case hearing shall be grounds for denial or revocation of a certified ONB program certification.