OAR 413-215-0116
Licensing Umbrella Rules: Civil Penalties

(1) In addition to the actions described in OAR 413-215-0121 (Licensing Umbrella Rules: Denial, Suspension, or Revocation of License and Placing Conditions on a License), as provided in ORS 418.992 (Civil penalty), the Department may impose a civil penalty against a child-caring agency if the child-caring agency has committed one of the following acts:

(a) Violation of any of the terms or conditions of a license, certification, or other authorization issued under ORS 418.205 (Definitions for ORS 418.205 to 418.327, 418.470, 418.475, 418.950 to 418.970 and 418.992 to 418.998) to 418.327 (Licensing of private residential boarding schools), 418.470 (Authority to pay for shelter-care homes), 418.475 (Independent residence facilities), or 418.950 (Definitions for ORS 418.950 to 418.970) to 418.970 (ORS 418.950 to 418.970 inapplicable to existing facilities).

(b) Violation of any rule in OAR chapter 413, division 215 or a general order of the Department against a child-caring agency.

(d) Violation of the requirement to have a license, certificate, or other authorization under ORS 418.205 (Definitions for ORS 418.205 to 418.327, 418.470, 418.475, 418.950 to 418.970 and 418.992 to 418.998) to 418.327 (Licensing of private residential boarding schools), 418.470 (Authority to pay for shelter-care homes), 418.475 (Independent residence facilities), or 418.950 (Definitions for ORS 418.950 to 418.970) to 418.970 (ORS 418.950 to 418.970 inapplicable to existing facilities).

(2) The Department will by law impose a civil penalty not to exceed $500, unless otherwise required by law, on any child-caring agency for falsifying records, reports, documents, or financial statements or for causing another person to do so.

(3) The Department will by law impose a civil penalty of not less than $250 nor more than $500, unless otherwise required by law, on a child-caring agency or child-care facility that assumes care or custody of, or provides care or services to, a child in care knowing that the child in care’s care needs exceed the license, certificate, or authorization classification of the child-caring agency if the assumption of care or custody, or provision of care or services, places the child in care’s health, safety, or welfare at risk.

(4) As required by ORS 418.995 (Factors considered in imposing penalty), the Department will consider the following factors in making a decision about the level of penalty imposed:

(a) The past history of the child-caring agency incurring the penalty in taking all feasible steps or procedures necessary or appropriate to correct any violation.

(b) Any prior violations of statutes or rules pertaining to the child-caring agency.

(d) The immediacy and extent to which the violation threatens or places at risk the health, safety, and well-being of the children in care served by the child-caring agency.

(5) Civil Penalty Schedule. Except as provided otherwise in sections (2) and (3) of this rule, for each violation by the child-caring agency, the following civil penalty may be imposed:

(a) $100 per violation if all four subsections of section (4) of this rule favor the child-caring agency.

(b) $200 per violation if three subsections of section (4) of this rule favor the child-caring agency.

(d) $400 per violation if one subsection of section (4) of this rule favor the child-caring agency.

(e) $500 per violation if no subsections of section (4) of this rule favor the child-caring agency.

(6) Unless the health, safety, or welfare of a child in care is at risk, in cases in which the Department is considering the imposition of a civil penalty, the Department will prescribe a reasonable time period for the child-caring agency to eliminate the violation:

(a) Not to exceed 45 days after the first notice of violation; or

(b) In cases where the violation requires more than 45 days to correct, such time as is specified in a plan of correction found acceptable by the Department.

(7) Unless otherwise required by law, a civil penalty imposed under this rule may be canceled or reduced under terms or conditions determined by the Department to be proper and consistent with public health and safety.

(8) A child-caring agency against whom a civil penalty is to be imposed shall be served a notice of violation and assessment of penalty in the form provided in OAR 137-003-0505 (Contested Case Notice) and OAR 137-003-0670 (Default in Cases Involving a Notice of Proposed Action that Does Not Become Final Without a Hearing or Default). Service of the notice may be accomplished in the manner provided in ORS 411.103 (Notice by regular or electronic mail to recipient of public assistance or medical assistance).

(9) As provided in ORS 418.993 (Procedure), the child-caring agency to which the notice of violation and assessment of penalty is addressed has 10 days from the date of service of the notice in which to submit a written request for a hearing. All such hearings shall be conducted as a contested case hearing pursuant to the applicable provisions of ORS 183.413 (Notice to parties before hearing of rights and procedure) to 183.470 (Orders in contested cases).

(10) If the child-caring agency does not request a hearing, withdraws the hearing request, or fails to appear at the hearing, the Department will issue a final order imposing the penalty.

(11) A civil penalty imposed under this rule is due and payable 10 days after the notice imposing the civil penalty becomes a final order.

(12) If a final order of civil penalty is not appealed or sustained on appeal, and the amount of penalty was not paid within 10 days after the expiration of the appeal deadline, the order may be recorded with the county clerk in any county of this state. The clerk shall thereupon record the name of the child-caring agency incurring the penalty and the amount of the penalty in the County Clerk Lien Record.

(13)

Upon recording an order in the County Clerk Lien Record, the Department may initiate proceedings to enforce the order by filing in the Circuit Court for the county where the order is recorded a certified copy of the civil penalty order and a certified copy of the recording made in the County Clerk Lien Record. Subject to any other requirements that may apply to the enforcement proceedings sought by the Department, the court shall then proceed as with judgments issued by the court. The Department may use enforcement proceedings available to the Department in ORS chapter 18.

Source: Rule 413-215-0116 — Licensing Umbrella Rules: Civil Penalties, https://secure.sos.state.or.us/oard/view.action?ruleNumber=413-215-0116.

California:	Codes
Colorado:	C.R.S.
Nevada:	NRS
New York:	Laws
Oregon:	OAR, ORS
Texas:	Statutes
World:	Rome Statute, International Dictionary

OAR 413-215-0116 Licensing Umbrella Rules: Civil Penalties

(13)

OAR 413-215-0116
Licensing Umbrella Rules: Civil Penalties