ORS 329A.992
Suspension

  • revocation
  • civil penalty
  • rules
  • injunctive relief

(1)

In addition to any other provision of law or rule adopted pursuant to ORS 329A.260 (Minimum standards for child care facilities) for enforcement of the provisions of ORS chapter 329A, the Office of Child Care may:

(a)

Suspend or revoke a certification or registration issued under ORS 329A.030 (Central Background Registry) and 329A.250 (Definitions for ORS 329A.030 and 329A.250 to 329A.450) to 329A.450 (Assistance to staff of facility), or impose a civil penalty in the manner provided in ORS 183.745 (Civil penalty procedures), for violation of:

(A)

Any of the provisions of ORS 329A.030 (Central Background Registry) and 329A.250 (Definitions for ORS 329A.030 and 329A.250 to 329A.450) to 329A.450 (Assistance to staff of facility);

(B)

The terms and conditions of a certification or registration issued under ORS 329A.030 (Central Background Registry) and 329A.250 (Definitions for ORS 329A.030 and 329A.250 to 329A.450) to 329A.450 (Assistance to staff of facility); or

(C)

Any rule of the Early Learning Council adopted under ORS 329A.030 (Central Background Registry) and 329A.250 (Definitions for ORS 329A.030 and 329A.250 to 329A.450) to 329A.450 (Assistance to staff of facility).

(b)

Impose a civil penalty in the manner provided in ORS 183.745 (Civil penalty procedures) and file for injunctive relief in a circuit court for the provision of child care, or for having a child in an individual’s care, in violation of ORS 329A.030 (Central Background Registry) (2).

(2)

The Early Learning Council may adopt by rule a schedule establishing the civil penalties that may be imposed under this section.

(3)

Except as provided in subsection (4) of this section, penalties imposed under this section may not exceed:

(a)

$750 per violation for a registered family child care home.

(b)

$1,200 per violation for a certified family child care home.

(c)

$2,500 per violation for a certified child care center that is not a family child care home.

(4)

The office may impose a civil penalty of not more than $1,500 for a child care facility that provides child care without a valid:

(a)

Certification, in violation of ORS 329A.280 (When certification required); or

(b)

Registration, in violation of ORS 329A.330 (Registration requirements).

(5)

Each day that a child care facility is operating in violation of any of the provisions described in subsection (1) of this section is a separate violation.

(6)

The office may revoke a child care facility’s certification or registration or deny a child care facility’s renewal application for a certification or registration if the facility fails to pay a civil penalty after the order imposing the penalty becomes final.

(7)

A civil penalty imposed under this section may be remitted or reduced upon such terms and conditions as the office considers proper and consistent with the public health and safety.

(8)

All moneys received under this section shall be paid into the State Treasury and credited to the General Fund. [Formerly 657A.992; 2017 c.617 §5; 2018 c.115 §13; 2019 c.679 §3]
Note: 329A.992 (Suspension) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 329A or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 329A.992 — Suspension; revocation; civil penalty; rules; injunctive relief, https://www.­oregonlegislature.­gov/bills_laws/ors/ors329A.­html.

329A.010
Office of Child Care 329A.020
Duties of office 329A.025
Information sharing between Office of Child Care and Department of Human Services 329A.030
Central Background Registry 329A.100
“Resource and referral system” defined for ORS 329A.100 to 329A.135 329A.110
Policy 329A.120
Services by resource and referral entities 329A.130
Resource and referral entities required to match funds 329A.135
Duties of Office of Child Care 329A.250
Definitions for ORS 329A.030 and 329A.250 to 329A.450 329A.252
Provision of care by persons whose certification or registration or enrollment in registry is denied, revoked or suspended 329A.255
Preschool recorded program 329A.257
School-age recorded program 329A.260
Minimum standards for child care facilities 329A.261
Development of quality recognition and improvement system 329A.263
Emergency plan for facilities 329A.270
Renewal procedure for certification or registration 329A.275
Rules 329A.280
When certification required 329A.290
Qualifications of applicant for certification 329A.300
Issuance of certification 329A.310
Application 329A.330
Registration requirements 329A.340
Certain child care providers required to attend orientation 329A.342
Jurisdiction 329A.344
Cease and desist order 329A.346
Progressive enforcement system 329A.348
Interference with disclosure of information 329A.350
Denial, revocation or suspension of certification or registration 329A.360
Notice 329A.370
Injunction 329A.390
Inspection 329A.400
Duties of Oregon Health Authority 329A.410
When search warrant required 329A.420
Cooperative agreements to inspect premises 329A.430
Rights of family child care providers to join labor organizations 329A.440
Application of land use regulations to family child care homes 329A.450
Assistance to staff of facility 329A.460
Separate sleeping quarters not required for certain persons providing child care or babysitting services 329A.490
Child care provider training program 329A.493
Funds for training program 329A.500
Employment Related Day Care subsidy program 329A.505
Inspection 329A.600
Early Childhood Suspension and Expulsion Prevention Program 329A.625
Prohibition on suspending or expelling child from program 329A.700
Definitions for ORS 329A.700 to 329A.712 329A.703
Program established 329A.706
Program implementation 329A.712
Revenue distribution to child care providers 329A.750
Department of Early Learning and Care responsible for administering federal funds 329A.990
Criminal penalty 329A.992
Suspension 329A.994
Civil penalty for interference with disclosure of information
Green check means up to date. Up to date

Current through early 2024

§ 329A.992’s source at oregon​.gov