Violations of these rules or terms and conditions of certification under these rules may be subject to a civil penalty up to $1200 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 through 329A.450, 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.
For a serious violation, as defined in OAR4143500010 (33), an owner may be subject to a civil penalty not to exceed $1200 for each violation.(4) For a nonserious violation, an owner may be subject to a civil penalty of $400 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 Cares (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.
The provider 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 facilitys certification.