2019 Oregon Revised Statutes
Volume : 12 - Public Health
Chapter 431A - Public Health Programs and Activities
Section 431A.010 - Power of Oregon Health Authority and local public health administrators to enforce public health laws; authorized actions; rules; penalties.
(1) The Oregon Health Authority and local public health administrators shall have the power to enforce public health laws. The enforcement powers authorized by this section include, but are not limited to, the authority to:
(a) Investigate possible violations of public health laws;
(b) Issue subpoenas requiring testimony or the production of physical or other evidence;
(c) Issue administrative orders to enforce compliance with public health laws;
(d) Issue a notice of violation of a public health law and impose a civil penalty as established by rule not to exceed $500 a day per violation;
(e) Enter private property at any reasonable time with consent of the owner or custodian of the property to inspect, investigate, evaluate or conduct tests, or take specimens or samples for testing, as may be reasonably necessary to determine compliance with any public health law;
(f) Enter a public place to inspect, investigate, evaluate, conduct tests, or take specimens or samples for testing as may be reasonably necessary to determine compliance with the provisions of any public health law;
(g) Seek an administrative warrant from an appropriate court authorizing the inspection, investigation, evaluation or testing, or taking of specimens or samples for testing, if denied entry to property;
(h) Restrict access to contaminated property;
(i) Require removal or abatement of a toxic substance on any property and prescribe the proper measures for the removal or abatement;
(j) Maintain a civil action to enforce compliance with public health laws, including a petition to a court for an order imposing a public health measure appropriate to the public health threat presented;
(k) Refer any possible criminal violations of public health laws to a district attorney or other appropriate law enforcement official; and
(L) Request the Attorney General to assist in the enforcement of the public health laws.
(2) Any administrative actions undertaken by the state under this section shall comply with the provisions of ORS chapter 183.
(3) State and local law enforcement officials, to the extent resources are available, must assist the Oregon Health Authority and local public health administrators in ensuring compliance with administrative or judicial orders issued pursuant to this section.
(4) Nothing in this section shall be construed to limit any other enforcement authority granted by law to a local public health authority or to the state. [Formerly 431.262]
