OAR 333-003-1031
COVID-19 Related Requirements: Disciplinary Action for Violation of an Executive Order or Authority Guidance

(1) Violation of OAR 333-003-1021 (COVID-19 Related Requirements: Food and Drink Establishments) constitutes a violation of the Oregon Food Sanitation Rules OAR 333-150-0000 (Food Sanitation Rule).
(2)(a) The requirements and prohibitions of OAR 333-003-1021 (COVID-19 Related Requirements: Food and Drink Establishments) and Authority guidance applicable to food establishments are “priority items” as that term is used in OAR chapter 333, divisions 150 and 157.
(b) As used in ORS chapter 624 and OAR chapter 333, divisions 150 and 157, violations of OAR 333-003-1021 (COVID-19 Related Requirements: Food and Drink Establishments) and applicable Authority guidance, including but not limited to, failure to implement mask, face covering, face shield requirements, failure to comply with maximum capacity or party size limitations, failure to implement physical distancing requirements, or failing to comply with a prohibition on on-site consumption as applicable, may constitute:
(A) Critical violations that are a potential danger to the public health; and
(B) Critical violations that create an imminent or present danger to public health.
(C) The Authority or the local public health authority shall determine whether a violation of OAR 333-003-1021 (COVID-19 Related Requirements: Food and Drink Establishments) or of Authority guidance constitutes a critical violation creating a potential danger to public health or creating an imminent or present danger to public health by reviewing the information available to the Authority or the local public health authority at the time and the scope of the violation, including any known mitigating or aggravating factors.
(3) Violation of OAR 333-003-1021 (COVID-19 Related Requirements: Food and Drink Establishments) may serve as the basis for the Authority, or its designee, to take any enforcement or licensing action permitted under ORS chapter 624 against any food establishment as defined in OAR 333-150-0000 (Food Sanitation Rule)(4)(q) regulated by the Authority, including but not limited to:
(a) Restaurants;
(b) Bed and breakfast facilities;
(c) Mobile food units;
(d) Commissaries;
(e) Warehouses;
(f) Vending machines;
(g) Traveler’s accommodations; or
(h) Organizational camps.
(4)(a) In addition to the bases for imposing civil penalties under OAR 333-157-0045 (Civil Penalties), a local public health authority may impose civil penalties against any food establishment as defined in OAR 333-150-0000 (Food Sanitation Rule)(4)(q) regulated by the Authority for any violation of OAR 333-003-1021 (COVID-19 Related Requirements: Food and Drink Establishments) or applicable Authority guidance that poses an imminent and present danger to public health.
(b) Civil penalties imposed under this section may be up to $1000 per day per violation.
(5) Any enforcement or licensing action taken under this rule shall be taken in accordance with ORS chapter 183.
(6) Enforcement or licensing action may not be taken under this rule if the Governor has terminated the Executive Order underlying the prohibition or requirement that serves at the basis for the violation.

Source: Rule 333-003-1031 — COVID-19 Related Requirements: Disciplinary Action for Violation of an Executive Order or Authority Guidance, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=333-003-1031.

333‑003‑0010
Impending Public Health Emergency: Definitions 333‑003‑0020
Impending Public Health Crisis: Authority of the Public Health Director During a Public Health Emergency 333‑003‑0040
Impending Public Health Emergency: Diagnostic and Treatment Protocols 333‑003‑0050
Impending Public Health Crisis: Access to Individually Identifiable Health Information 333‑003‑0065
Impending Public Health Crisis: Civil Penalties 333‑003‑0070
Impending Public Health Crisis: Temporary Restriction of Movement 333‑003‑0080
Impending Public Health Crisis: Effect of Declaration Ending 333‑003‑0100
Impending Public Health Crisis: Scope 333‑003‑0105
Impending Public Health Emergency: Definitions 333‑003‑0110
Impending Public Health Emergency: The Health Care Provider Registry 333‑003‑0115
Impending Public Health Emergency: Registration of Currently Licensed Health Care Providers 333‑003‑0116
Impending Public Health Emergency: Out-of-State Health Care Providers 333‑003‑0117
Impending Public Health Emergency: Registration of Formerly Licensed Health Care Providers 333‑003‑0118
Impending Public Health Crisis: Duties of Registrants 333‑003‑0119
Impending Public Health Crisis: Criminal Background Checks 333‑003‑0120
Impending Public Health Crisis: Health Care Providers Not Included in the Registry 333‑003‑0125
Impending Public Health Emergency: Activation of Registrants 333‑003‑0130
Impending Public Health Emergency: Designation of Emergency Health Care Centers 333‑003‑0140
Impending Public Health Emergency: Training 333‑003‑0200
Impending Public Health Crisis: Public Health Emergency Plans 333‑003‑0210
Impending Public Health Crisis: Liability Protection 333‑003‑1001
COVID-19 Related Requirements: Definitions 333‑003‑1011
COVID-19 Related Requirements: Enforcement of Governor’s Executive Orders and State Guidance 333‑003‑1021
COVID-19 Related Requirements: Food and Drink Establishments 333‑003‑1031
COVID-19 Related Requirements: Disciplinary Action for Violation of an Executive Order or Authority Guidance 333‑003‑1041
COVID-19 Related Requirements: Designation of Physical Distancing Officer 333‑003‑1055
Declared Emergency: Waiver of Rules Applicable to Acute Care Health Care Facilities, Outpatient Renal Dialysis, Hospice, Home Heath, Emergency Medical Services, and Hemodialysis Due to Federal 1135 Waivers 333‑003‑3000
Definitions 333‑003‑3010
Requirements for Tourist Facilities During Declared Emergency 333‑003‑3020
Disciplinary Action or Civil Penalties for Tourist Facilities During Declared Emergency 333‑003‑3030
Requirements for Subject Public Pools and Spas During Declared Emergency 333‑003‑3040
Disciplinary Action for Subject Public Pools and Spas During a Declared Emergency 333‑003‑4000
Training Waiver During Declared Emergency for Vaccination-Related Emergency Health Care Services 333‑003‑5000
COVID-19 Related Requirements: Consent to Vaccination
Last Updated

Jun. 8, 2021

Rule 333-003-1031’s source at or​.us