2011 Oregon Revised Statutes
ORS Volume 14, Chapters 645 - 669
ORS Chapter 657a
657A.992 Suspension; revocation; civil penalty; rules; deposit into Child Care Fund.

(1) In addition to any other provision of law or rule adopted pursuant to ORS 657A.260 for enforcement of the provisions of ORS chapter 657A, the Child Care Division may suspend or revoke a certification or registration issued under ORS 657A.030 and 657A.250 to 657A.450, or impose a civil penalty in the manner provided in ORS 183.745, for violation of:

(a) Any of the provisions of ORS 657A.030 and 657A.250 to 657A.450;

(b) The terms and conditions of a certification or registration issued under ORS 657A.030 and 657A.250 to 657A.450; or

(c) Any rule of the division adopted under ORS 657A.030 and 657A.250 to 657A.450.

(2) The division shall adopt by rule a schedule establishing the civil penalties that may be imposed under this section. The schedule must provide for categories of violations for which a penalty may be imposed, including nonserious and serious to be defined by the division by rule under ORS 657A.260.

(3) The division must issue a written warning for a nonserious or serious violation before assessing a civil penalty under this section. The written warning must prescribe a reasonable time in which to correct a violation.

(4) The division may not impose a civil penalty of more than $100 for a first violation.

(5) The division may not impose a civil penalty for a subsequent violation that exceeds the penalty imposed for the previous violation by more than $100. Penalties imposed under this subsection may not exceed $500 per violation, or $1,000 total for multiple violations per quarter.

(6) Notwithstanding any other provision of this section, the maximum civil penalty that may be imposed:

(a) For violation of ORS 657A.330 by a registered family child care home provider is $100.

(b) For violation of ORS 657A.280 by an operator of a child care facility that is not a child care center is $200.

(c) For violation of ORS 657A.280 by an operator of a child care facility that is a child care center is $500.

(7) A civil penalty imposed under this section may be remitted or reduced upon such terms and conditions as the division considers proper and consistent with the public health and safety.

(8) All moneys received under this section shall be deposited in the Child Care Fund established under ORS 657A.010 (2) and may be used for the administration of ORS 181.537, 657A.030 and 657A.250 to 657A.450. [2009 c.347 1]