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.

Source: Rule 414-300-0415 — Civil Penalty, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=414-300-0415.

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