2011 Oregon Revised Statutes
ORS Volume 11, Chapters 431 - 470
ORS Chapter 433
433.855 Duties of Oregon Health Authority; rules; limitations; compliance checks.
(1) The Oregon Health Authority, in accordance with the provisions of ORS chapter 183:
(a) Shall adopt rules necessary to implement the provisions of ORS 433.835 to 433.875 and 433.990 (5);
(b) Shall be responsible for compliance with such rules; and
(c) May impose a civil penalty not to exceed $500 per day for each violation of a rule of the authority applicable to ORS 433.845 or 433.850, to be collected in the manner provided in ORS 441.705 to 441.745. All penalties recovered shall be paid into the State Treasury and credited to the Tobacco Use Reduction Account established under ORS 431.832.
(2) In carrying out its duties under this section, the authority is not authorized to require any changes in ventilation or barriers in any public place or place of employment. However, nothing in this subsection is intended to limit the power of the authority to impose any requirements under any other provision of law.
(3) In public places which the authority regularly inspects, the authority shall check for compliance with the provisions of ORS 433.835 to 433.875 and 433.990 (5). In other public places and places of employment, the authority shall respond in writing or orally by telephone to complaints, notifying the proprietor or person in charge of responsibilities of the proprietor or person in charge under ORS 433.835 to 433.875 and 433.990 (5). If repeated complaints are received, the authority may take appropriate action to ensure compliance.
(4) When a county has received delegation of the duties and responsibilities under ORS 446.425 and 448.100, or contracted with the authority under ORS 190.110, the county shall be responsible for enforcing the provisions of ORS 433.835 to 433.875 and 433.990 (5) and shall have the same enforcement power as the authority. [1981 c.384 6; 1991 c.734 21; 2001 c.104 162; 2001 c.990 6; 2003 c.309 6; 2007 c.445 36; 2007 c.602 5; 2009 c.595 686; 2011 c.597 84a]
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