ORS 329A.300
Issuance of certification
- temporary certification
- conditions on certification
- office’s duties under federal programs
(1)
Upon receipt of an application for a certification, accompanied by the required fee, the Office of Child Care shall issue a certification if the office finds that the child care facility and its operations are in compliance with the requirements of ORS 181A.200 (Authority of Department of Human Services, Oregon Health Authority and Employment Department to require fingerprints), 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) and the rules promulgated pursuant to ORS 181A.195 (Criminal records check), 181A.200 (Authority of Department of Human Services, Oregon Health Authority and Employment Department to require fingerprints), 181A.215 (Oregon Department of Administrative Services to adopt rules relating to certain aspects of criminal records checks), 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).(2)
The Office of Child Care may issue a temporary certification, subject to reasonable terms and conditions, for a period not longer than 180 days to a child care facility that does not comply with the requirements and rules if the office finds that the health and safety of any child will not be endangered thereby. Not more than one temporary certification shall be issued for the same child care facility in any 12-month period.(3)
Intentionally left blank —Ed.(a)
If the Office of Child Care determines that it is necessary to protect the health and safety of the children for whom a child care facility is to provide care, the office may impose a condition on the facility’s certification that is reasonably designed to protect the health and safety of children. The office may impose a condition during the application process for an initial certification, during the application process for a renewal of a certification or at any time after the issuance of a certification.(b)
Except as provided in paragraph (c) of this subsection, when the office imposes a condition on a child care facility’s certification, the facility shall be afforded an opportunity for a hearing consistent with the provisions of ORS chapter 183.(c)
Intentionally left blank —Ed.(A)
If the office finds a serious danger to the health and safety of the children receiving care at a child care facility, the office shall notify the facility of the specific reasons for the finding and may impose an emergency condition on the facility’s certification without a hearing.(B)
If the facility demands a hearing within 90 days after the office notifies the facility of the emergency condition, a hearing consistent with the provisions of ORS chapter 183 must be granted to the facility as soon as practicable after the demand and the agency shall issue an order consistent with the provisions of ORS chapter 183 confirming, altering or revoking the order imposing the emergency condition.(4)
The Office of Child Care shall serve as the state agency authorized, upon request, to certify compliance with applicable federal child care standards or requirements by any facility providing child care in the state. [Formerly 657A.300; 2015 c.758 §9; 2018 c.115 §9; 2019 c.187 §5]
Source:
Section 329A.300 — Issuance of certification; temporary certification; conditions on certification; office’s duties under federal programs, https://www.oregonlegislature.gov/bills_laws/ors/ors329A.html.
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