OAR 333-015-0075
Oregon Indoor Clean Air Act: Complaint Response

The Authority or the LPHA shall respond to complaints as follows:
(1) Initial Complaint:
(a) The Authority or the LPHA shall assess whether the site in question is required to be smoke, aerosol or vapor free under the provisions of ORS 433.835 (Definitions for ORS 433.835 to 433.875) through 433.850 (Prohibition on aerosolizing, smoking or vaporizing in place of employment).
(b) If the Authority or the LPHA determines that the place of employment, or public place (or any portion thereof), is required to be smoke, aerosol or vapor free, the Authority or the LPHA shall send a letter (“initial response letter”) to the place of employment, or public place named in the complaint within 10 business days after receipt of the complaint of violation. The letter shall contain notification that the employer, or public place was reported as being in violation of the Act or these rules, and information on whom to contact for further information and assistance with compliance.
(2) Second or Subsequent Complaint: If the Authority or the LPHA receives a second or subsequent complaint about the site more than five business days after the “initial response letter” was sent, a representative of the Authority or the LPHA shall make an unannounced site visit within 30 days of complaint receipt to determine whether the employer or public place is in violation of the Act or these rules.
(3) If a complainant has supplied their name and contact information, the Authority or the LPHA shall send a form letter to the complainant, notifying the complainant that the complaint has been received and is being investigated or that the place of employment or public place is not required to be smoke-free under ORS 433.835 (Definitions for ORS 433.835 to 433.875) through 433.850 (Prohibition on aerosolizing, smoking or vaporizing in place of employment).
(4) Remediation Plan:
(a) If, after a site visit, the Authority or LPHA finds violations of the ICAA an employer or entity in charge of a public place, certified smoke shop or cigar bar, or his or her designee, must cooperate with the Authority or LPHA to develop a remediation plan. All remediation plans must be completed within 15 days of the site visit.
(b) In special circumstances, an employer or entity in charge may request in writing additional time to complete the remediation plan. An extension may be granted only by the Public Health Director or designee.
(5) Post-remediation plan follow-up site visit:
(a) The Authority or the LPHA shall make a follow-up visit within 30 days of the remediation plan completion due date to confirm completion.
(b) If a violation of the ICAA is found during the follow-up site visit the Authority may impose civil penalties.
(6) Post-remediation plan complaints:
(a) If an additional complaint is received within three years of the date the remediation plan was entered into, the Authority or the LPHA shall make an unannounced site visit within 21 days of complaint receipt. The Authority may impose civil penalties for any violations.
(b) If an additional complaint is received more than three years of the date the remediation plan was created and there is no evidence of other violations in that three-year period, the Authority or the LPHA shall make an unannounced site visit and must follow the procedures in sections (2) and (4) of this rule.
(7) Cooperation with Inspection:
(a) An employer or entity in charge of a public place must permit and cooperate with the Authority or the LPHA inspection of the place of employment or public place (or any portion thereof), to evaluate compliance with the Act and these rules.
(b) It is a violation to fail to permit or cooperate with Authority or LPHA inspection.
(c) For the purposes of this rule, “fail to cooperate” includes, but is not limited to interference, a threat, or harassment that delays, impairs or obstructs the Authority or the LPHA from carrying out its inspection or other duties under the Act and these rules.

Source: Rule 333-015-0075 — Oregon Indoor Clean Air Act: Complaint Response, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=333-015-0075.

333‑015‑0025
Oregon Indoor Clean Air Act: Authority and Purpose 333‑015‑0030
Oregon Indoor Clean Air Act: Definitions 333‑015‑0035
Oregon Indoor Clean Air Act: General Provision 333‑015‑0040
Oregon Indoor Clean Air Act: Signs 333‑015‑0045
Oregon Indoor Clean Air Act: Ashtrays 333‑015‑0056
Oregon Indoor Clean Air Act: Smoke Shop Application for Certification 333‑015‑0057
Oregon Indoor Clean Air Act: Smoke Shop Application Review 333‑015‑0058
Oregon Indoor Clean Air Act: Smoke Shop Ongoing Requirements for Certification 333‑015‑0059
Oregon Indoor Clean Air Act: Smoke Shop Renewal of Certification 333‑015‑0061
Oregon Indoor Clean Air Act: Transfer of Ownership or Location 333‑015‑0062
Oregon Indoor Clean Air Act: Vehicles 333‑015‑0064
Oregon Indoor Clean Air Act: Outdoor Smoking Areas 333‑015‑0066
Oregon Indoor Clean Air Act: Cigar Bars 333‑015‑0070
Oregon Indoor Clean Air Act: Oregon Health Authority Responsibilities 333‑015‑0075
Oregon Indoor Clean Air Act: Complaint Response 333‑015‑0078
Oregon Indoor Clean Air Act: Violations 333‑015‑0080
Oregon Indoor Clean Air Act: Public Places which Oregon Health Authority, Public Health Authority Regularly Inspects 333‑015‑0082
Oregon Indoor Clean Air Act: Public Places Regulated by Other State Agencies or Local Governments 333‑015‑0085
Oregon Indoor Clean Air Act: Penalties 333‑015‑0090
Effective Date 333‑015‑0100
Oregon Menu Labeling Act: Authority and Purpose 333‑015‑0105
Oregon Menu Labeling Act: Definitions 333‑015‑0110
Oregon Menu Labeling Act: General Provisions 333‑015‑0115
Oregon Menu Labeling Act: Written Formats for Nutrition Information 333‑015‑0120
Oregon Menu Labeling Act: Nutrition Labeling of Variable Menu Items 333‑015‑0125
Oregon Menu Labeling Act: Nutrition Labeling of Combination Meal Menu Items 333‑015‑0130
Oregon Menu Labeling Act: Nutrition Information for Shared Menu Items or Shared Combination Meal Menu Items 333‑015‑0135
Oregon Menu Labeling Act: Acceptable Methods for Determining Typical Nutrient Values for Required Nutrition Information 333‑015‑0140
Oregon Menu Labeling Act: Verifiable and Accurate Information 333‑015‑0145
Oregon Menu Labeling Act: Nutrition Information for Self-Service Items 333‑015‑0150
Oregon Menu Labeling Act: Trans Fat 333‑015‑0155
Oregon Menu Labeling Act: Rounding Rules 333‑015‑0160
Oregon Menu Labeling Act: Alcoholic Beverages 333‑015‑0165
Oregon Menu Labeling Act: Disclaimers and Additional Nutrition Information 333‑015‑0200
Tobacco and Inhalant Delivery Systems Sales to Persons Under 21 Years of Age: Definitions 333‑015‑0205
Tobacco and Inhalant Delivery Systems Sales to Persons Under 21 Years of Age: Notice Posting Requirement 333‑015‑0210
Tobacco and Inhalant Delivery Systems Sales to Persons Under 21 Years of Age: Location of Tobacco Products Within a Retail Store 333‑015‑0215
Tobacco and Inhalant Delivery Systems Sales to Persons Under 21 Years of Age: Enforcement 333‑015‑0220
Tobacco and Inhalant Delivery Systems Sales to Persons Under 21 Years of Age: Biennial Report 333‑015‑0300
Packaging and Labeling: Purpose, Scope and Effective Date 333‑015‑0305
Packaging and Labeling: Definitions 333‑015‑0310
Labeling Requirements for Liquid Nicotine Containers 333‑015‑0320
Labeling Requirements for Prefilled Inhalant Delivery Systems 333‑015‑0325
Labeling Requirements for Fillable Inhalant Delivery Systems 333‑015‑0340
Packaging Requirements for Liquid Nicotine Containers 333‑015‑0345
Packaging Requirements for Non-nicotine Liquid Containers 333‑015‑0350
Packaging Requirements for Prefilled Inhalant Delivery Systems 333‑015‑0355
Packaging Requirements for Fillable Inhalant Delivery Systems 333‑015‑0357
Packaging Attractive to Minors 333‑015‑0360
Verification of Packaging that is Child-Resistant 333‑015‑0365
Enforcement: Inspections 333‑015‑0370
Enforcement: Violations 333‑015‑0375
Civil Penalties
Last Updated

Jun. 8, 2021

Rule 333-015-0075’s source at or​.us