ORS 441.990: Civil and criminal penalties.
Edition: 2025 EditionEffective: 2026-01-01Last verified: 2026-09-07
(1) Violation of ORS 441.015 (1) is a Class B violation. Each day of continuing violation after a first conviction shall be considered a subsequent violation. (2) Any person who willfully prevents, interferes with, or attempts to impede in any way the work of any duly authorized representative of the Department of Human Services in the lawful carrying out of the provisions of ORS 441.087 (1) commits a Class C misdemeanor. (3) The removal of the notice required by ORS 441.030 (4) by any person other than an official of the department is a Class C misdemeanor. (4) Any person who, after being excluded by a trustee pursuant to ORS 441.289 (16), remains upon the premises of a facility or returns to a facility violates ORS 164.245. (5) In addition to the penalties under this section, the Oregon Health Authority, the Department of Human Services or the Department of Consumer and Business Services may assess civil penalties against any health care facility or health maintenance organization under ORS 441.030 or for a violation of ORS 441.015 (1). A civil penalty imposed under this section may not exceed $5,000. (6) Civil penalties under this section shall be imposed in the manner provided by ORS 183.745. (7) Civil penalties recovered under this section shall be paid into the State Treasury and credited to the General Fund for general governmental purposes. [Subsection (2) enacted as 1971 c.166 §2; subsection (3) enacted as 1975 c.294 §4; 1977 c.173 §2; 1977 c.582 §48; 1987 c.428 §41; 1989 c.171 §56; 1999 c.1051 §183; 2001 c.900 §178; 2007 c.602 §9; 2009 c.539 §13; 2009 c.595 §746; 2009 c.792 §62; 2011 c.597 §197]
Administrative rules citing this section
- OAR 333-071-0350: Civil Penalties, Generally — implements
- OAR 333-077-0000: Applicability — implements
- OAR 333-077-0260: Civil Penalties — implements
- OAR 333-501-0055: Civil Penalties, Generally — implements
This rule cites
- ORS 441.015 — resolved
- ORS 441.087 — resolved
- ORS 441.030 — resolved
- ORS 441.289 — resolved
- ORS 164.245 — resolved
- ORS 183.745 — resolved
Cited by
- ORS 441.065: Exemption of certain religious institutions.
- ORS 441.550: General powers.
- ORS 441.710: Civil penalties; when imposed.
- ORS 479.210: “Institution” defined for ORS 479.215 to 479.220.
- ORS 479.217: Temporary permit in lieu of inspection approval under ORS 479.215; cancellation; extension or renewal.
- ORS 677.450: Release of certain information to health care facilities.
- ORS 742.400: Duty to report claim of professional negligence to licensing board; contents of report; public disclosure and posting of reports.
- OAR 333-071-0205: Definitions
- OAR 333-077-0010: Definitions
- OAR 333-700-0005: Definitions
Official source: https://www.oregonlegislature.gov/bills_laws/ors/ors441.html