OAR 333-070-0210
Inspections and Enforcement
(1)
The Authority may:(a)
Enter private or public 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 necessary to determine compliance with ORS 431A.355 (Power of Oregon Health Authority to regulate lead-based paint activities), 431A.358 (Performance of lead-based paint activities without certification prohibited) or these rules;(b)
Issue subpoenas to determine compliance with ORS 431A.355 (Power of Oregon Health Authority to regulate lead-based paint activities), 431A.358 (Performance of lead-based paint activities without certification prohibited) or these rules;(c)
Suspend or revoke a firm certification to perform renovation if the holder of the certification fails to comply with state or federal statutes or regulations related to lead-based paint;(d)
Suspend or revoke a certified renovator’s certification if the renovator fails to comply with state or federal statutes or regulations related to lead-based paint; and(e)
Issue civil penalties per violation per day not to exceed $5,000 per violation per day for a violation of ORS 431A.355 (Power of Oregon Health Authority to regulate lead-based paint activities), 431A.358 (Performance of lead-based paint activities without certification prohibited) or these rules, including but not limited to failure or refusal:(A)
To permit the Authority entry or inspection in accordance with this rule; or(B)
To establish and maintain records or to make available or permit access to or copying of records.(2)
In issuing civil penalties the Authority shall consider and document whether:(a)
The Authority made repeated attempts to obtain compliance;(b)
The firm or individual has a history of noncompliance with environmental statutes or regulations;(c)
The violation poses a serious risk to the public’s health;(d)
The firm or individual gained financially from the noncompliance; and(e)
There are mitigating factors, such as a firm’s or individual’s cooperation with an investigation or actions to come into compliance.(3)
An individual or firm who is issued a notice of suspension, revocation or imposition of civil penalties shall have the right to a contested case hearing under ORS Chapter 183 (Administrative Procedures Act).(4)
The Authority shall maintain a publicly available list of individuals and firms whose certification has been suspended, revoked, or reinstated.(5)
Unless a final order specifies otherwise:(a)
An individual whose certification has been suspended must take a refresher training course (renovator or dust sampling technician) prior to certification being reinstated.(b)
An individual whose certification has been revoked shall take an initial renovator or dust sampling technician course in order to become certified again.(c)
A certified renovation firm whose certification has been revoked may reapply for certification after one year from the date of revocation.
Source:
Rule 333-070-0210 — Inspections and Enforcement, https://secure.sos.state.or.us/oard/view.action?ruleNumber=333-070-0210.