OAR 414-300-0415
Civil Penalty


(1)

Violations of these rules or terms and conditions of certification under these rules may be subject to a civil penalty up to $2500 per violation.
(2) Whenever the Office of Child Care (OCC) investigates an alleged complaint at a certified facility, or a facility that may be operating in violation of the requirements of ORS 329A.250 (Definitions for ORS 329A.030 and 329A.250 to 329A.450) through 329A.450 (Assistance to staff of facility), OCC shall:
(a) Provide technical assistance as appropriate;
(b) Send written notice of the complaint visit to the facility with a finding of valid, unable to substantiate, or invalid; and
(c) OCC shall assess whether additional legal actions are appropriate, including but not limited to civil penalties, denials, revocations or suspensions, depending upon:
(A) Numbers of previous violations of the same rule; or
(B) Circumstances surrounding the rule violation.

(3)

For a serious violation, as defined in OAR 414‐300-0005(44), a center may be subject to a civil penalty not to exceed $2500 for each violation.

(4)

For a non‐serious violation, a center may be subject to a civil penalty of $800 for each violation.
(5) Each day that a child care facility is operating in violation of any of the rules and conditions of certification is a separate violation of the rules.
(6) An individual or entity that provides child care subject to licensing in a home or facility that is not certified with the Office of Child Care, may be subject to a civil penalty not to exceed $1,500 per day of operation of the uncertified facility.
(7) Notwithstanding the Office of Child Care’s (OCC) decision to impose a civil penalty for one or more rule violations, OCC may also take action to deny, suspend or revoke a certification for the same rule violation or violations.

(8)

The facility has the right to 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 the Office of Child Care has issued a final order by default or a final order after a contested case hearing shall be grounds for denial or revocation of the facility’s certification.
414‑300‑0000
Applicability of Rules
414‑300‑0005
Definitions
414‑300‑0010
Application for a Child Care Certificate
414‑300‑0015
Issuance of a Child Care Certificate
414‑300‑0020
Exceptions to Rules
414‑300‑0030
General Requirements
414‑300‑0040
Enrollment
414‑300‑0050
Arrival and Departure
414‑300‑0060
Record Keeping
414‑300‑0070
General Requirements
414‑300‑0080
Director — Qualifications and Duties
414‑300‑0090
Head Teacher — Qualifications and Duties
414‑300‑0100
Teacher
414‑300‑0110
Teacher Aides
414‑300‑0115
School-Age Multi-Site Programs — Additional Staff
414‑300‑0120
Staff Training
414‑300‑0130
Staff/Child Ratios and Group Size
414‑300‑0140
Indoor Space
414‑300‑0150
Outdoor Space
414‑300‑0160
Fire Protection
414‑300‑0170
Hazards and Emergencies
414‑300‑0180
Sanitation
414‑300‑0190
Toilet Facilities
414‑300‑0200
Kitchens
414‑300‑0205
Testing for Lead in Drinking Water
414‑300‑0210
Furniture
414‑300‑0215
Infant and Toddler Furniture and Equipment
414‑300‑0220
Illness or Injury
414‑300‑0230
Medications
414‑300‑0240
Animals in the Center
414‑300‑0250
Food Selection, Storage, and Preparation
414‑300‑0260
Cleaning, Sanitizing, and Storage of Food Service Equipment and Utensils
414‑300‑0270
Nutrition
414‑300‑0280
Meals and Snacks
414‑300‑0290
Program Plan
414‑300‑0295
Program of Activities for All Children
414‑300‑0300
Infant and Toddler Program of Activities
414‑300‑0310
Preschool-Age Program of Activities
414‑300‑0320
School-Age Program of Activities
414‑300‑0330
Guidance and Discipline
414‑300‑0340
Equipment and Materials
414‑300‑0350
Transportation
414‑300‑0360
Night Care
414‑300‑0380
Swimming Activities
414‑300‑0390
Drop-in Care
414‑300‑0400
Suspension, Denial and Revocation
414‑300‑0415
Civil Penalty
Last Updated

Jun. 8, 2021

Rule 414-300-0415’s source at or​.us