ORS 431A.363
Civil penalty for violation of ORS 431A.355 or 431A.358

  • hearing

(1)

The Oregon Health Authority may impose a civil penalty of not more than $5,000 per violation per day on any person who violates:

(a)

ORS 431A.358 (Performance of lead-based paint activities and renovation without certification prohibited);

(b)

A rule adopted under ORS 431A.355 (Power of Oregon Health Authority to regulate lead-based paint activities and renovation); or

(c)

An order issued by the authority pursuant to this section or ORS 431A.355 (Power of Oregon Health Authority to regulate lead-based paint activities and renovation) or 431A.358 (Performance of lead-based paint activities and renovation without certification prohibited).

(2)

Intentionally left blank —Ed.

(a)

If the authority has reason to believe that a person is engaging in an act or practice that violates ORS 431A.358 (Performance of lead-based paint activities and renovation without certification prohibited) or a rule adopted under ORS 431A.355 (Power of Oregon Health Authority to regulate lead-based paint activities and renovation), the authority may order that all lead-based paint activities or renovation to which the person is connected stop immediately.

(b)

A request for a hearing on the propriety of the order must be submitted to the authority in writing within 10 days of the date on which the order was served. The authority shall grant a hearing as soon as practicable after receipt of the hearing request, and shall conduct the hearing as provided for contested cases under ORS chapter 183.

(3)

Intentionally left blank —Ed.

(a)

The authority may issue an order to require the actions described in paragraph (b) of this subsection to:

(A)

A person who has violated ORS 431A.358 (Performance of lead-based paint activities and renovation without certification prohibited) or a rule adopted under ORS 431A.355 (Power of Oregon Health Authority to regulate lead-based paint activities and renovation); or

(B)

A property owner, or agent of the property owner, who knowingly contracted with a person who was not certified under ORS 431A.355 (Power of Oregon Health Authority to regulate lead-based paint activities and renovation) to perform lead-based paint activities or renovation when certification was required under ORS 431A.358 (Performance of lead-based paint activities and renovation without certification prohibited).

(b)

An order issued under this subsection may require the recipient of the order to, as soon as reasonably practical:

(A)

Obtain a risk assessment in accordance with ORS 431A.355 (Power of Oregon Health Authority to regulate lead-based paint activities and renovation) or 431A.358 (Performance of lead-based paint activities and renovation without certification prohibited) and rules adopted under ORS 431A.355 (Power of Oregon Health Authority to regulate lead-based paint activities and renovation) or 431A.358 (Performance of lead-based paint activities and renovation without certification prohibited); and

(B)

Abate or control any lead-based paint hazards identified by the risk assessment. All lead-based paint abatement and hazard control services must be performed in accordance with ORS 431A.355 (Power of Oregon Health Authority to regulate lead-based paint activities and renovation) and 431A.358 (Performance of lead-based paint activities and renovation without certification prohibited) and rules adopted under ORS 431A.355 (Power of Oregon Health Authority to regulate lead-based paint activities and renovation) and 431A.358 (Performance of lead-based paint activities and renovation without certification prohibited).

(c)

A request for a hearing on the propriety of the order must be submitted to the authority in writing within 10 days of the date on which the order was served. The authority shall grant a hearing as soon as practicable after receipt of the hearing request, and shall conduct the hearing as provided for contested cases under ORS chapter 183.

(4)

If a person described in subsection (3) of this section fails to timely comply with an order issued under subsection (3) of this section, the authority may take any necessary action to obtain a risk assessment or abate or control any lead-based paint hazards identified by a risk assessment.

(5)

In addition to the civil penalty described in subsection (1) of this section, the authority may impose on a person who fails to timely comply with an order issued pursuant to subsection (3) of this section costs in an amount sufficient to cover any expenses incurred by the authority in obtaining a risk assessment and abating or controlling any hazards, as described in subsection (3) of this section. Costs imposed under this section must be imposed in compliance with ORS 431A.365 (Costs imposed pursuant to ORS 431A.363).

(6)

A person who fails to identify a third party as described in ORS 431A.355 (Power of Oregon Health Authority to regulate lead-based paint activities and renovation) is liable jointly and severally for any violation by the third party of ORS 431A.358 (Performance of lead-based paint activities and renovation without certification prohibited) or a rule adopted under ORS 431A.355 (Power of Oregon Health Authority to regulate lead-based paint activities and renovation).

(7)

All moneys collected by the authority under this section and ORS 431A.365 (Costs imposed pursuant to ORS 431A.363) shall be deposited into the Public Health Account established under ORS 431.210 (Public Health Account). Moneys deposited under this section shall be used for the purposes of lead poisoning prevention, including consumer and industry outreach, public education, blood lead screening, lead-based paint risk assessments, lead-based paint hazard abatement and control activities and other similar activities.

(8)

Civil penalties under this section shall be imposed as provided in ORS 183.745 (Civil penalty procedures).

(9)

A civil penalty imposed under this section is in addition to, and not in lieu of, any other penalty or sanction provided by law.

(10)

The authority shall report all civil penalties and sanctions imposed under this section or a rule adopted under ORS 431A.355 (Power of Oregon Health Authority to regulate lead-based paint activities and renovation) to each of the following state agencies:

(a)

The Construction Contractors Board;

(b)

The Occupational Safety and Health Division of the Department of Consumer and Business Services; and

(c)

The Department of Environmental Quality. [Formerly 431.994; 2021 c.49 §2]

Source: Section 431A.363 — Civil penalty for violation of ORS 431A.355 or 431A.358; hearing, https://www.­oregonlegislature.­gov/bills_laws/ors/ors431A.­html.

431A.005
Definitions 431A.010
Power of Oregon Health Authority and local public health administrators to enforce public health laws 431A.015
Authority of Public Health Director to take public health actions 431A.020
Rules 431A.050
Oregon Health Authority to develop comprehensive emergency medical services and trauma system 431A.055
State Trauma Advisory Board 431A.060
Designation of trauma areas 431A.065
Oregon Health Authority to adopt rules for trauma system hospitals 431A.070
Area trauma advisory boards 431A.075
Liability of provider 431A.080
Duties of Oregon Health Authority related to trauma 431A.085
Emergency Medical Services and Trauma Systems Program created in Oregon Health Authority 431A.090
Designation of other trauma centers 431A.095
Reporting of certain patients 431A.100
Release of information from Oregon Trauma Registry 431A.105
Emergency Medical Services for Children Program 431A.125
Oregon Health Authority powers 431A.150
Smoking cessation program reimbursement 431A.153
Tobacco Use Reduction Account 431A.155
Oregon Health Authority to adopt rules for awarding grants 431A.158
Oregon Health Authority to prepare report 431A.175
Definitions 431A.178
Civil penalty for violation of ORS 431A.175, other law, rule or regulation governing tobacco products or inhalant delivery systems 431A.183
Agreements to enforce regulation of tobacco products and inhalant delivery systems 431A.190
Definitions for ORS 431A.190 to 431A.216 431A.192
Purpose 431A.194
Licensure requirement 431A.196
Exempted premises 431A.198
Licensure 431A.200
Proof of licensure 431A.202
Revocation, suspension, refusal to issue or renew 431A.204
Seizure and forfeiture of contraband products 431A.206
Suspense account for administration and enforcement 431A.208
Rules 431A.210
Fees 431A.212
Intergovernmental agreements 431A.214
Suspense account for fee money transfers 431A.216
Civil penalty for violation of ORS 431A.190 to 431A.216, other law, rule or regulation governing tobacco products or inhalant delivery systems 431A.218
Local regulation 431A.220
Continuity 431A.250
Short title 431A.253
Definitions 431A.255
List of high priority chemicals of concern in children’s products 431A.258
Disclosure by manufacturers 431A.260
Requirement to remove or substitute high priority chemicals of concern 431A.263
Process for substituting chemicals 431A.265
Process for waiving requirement to remove or substitute chemicals 431A.268
Exemption from requirement to remove or substitute chemicals 431A.270
Testing for compliance 431A.273
Participation in Interstate Chemicals Clearinghouse 431A.275
Civil penalty for violation of ORS 431A.258, 431A.260 or 431A.263 431A.278
High Priority Chemicals of Concern for Children’s Health Fund 431A.280
Biennial report to Legislative Assembly 431A.300
Definitions 431A.303
Legislative findings 431A.305
Aversive agent required 431A.308
Toxic household products required to comply with aversive agent requirement 431A.310
Limitation on liability 431A.313
Poison Prevention Task Force 431A.315
Efficacy and toxicity data to be made available to task force 431A.318
Reports to Legislative Assembly 431A.320
Enforcement by civil action 431A.323
Prohibited conduct 431A.325
Civil penalty for violation of ORS 431A.300 to 431A.325 431A.350
Lead poisoning 431A.353
Definitions 431A.355
Power of Oregon Health Authority to regulate lead-based paint activities and renovation 431A.358
Performance of lead-based paint activities and renovation without certification prohibited 431A.360
Lead poisoning prevention clearinghouse for schools 431A.363
Civil penalty for violation of ORS 431A.355 or 431A.358 431A.365
Costs imposed pursuant to ORS 431A.363 431A.400
Healthy Homes Program 431A.402
Healthy Homes Repair Fund 431A.410
Grants for clean air programs 431A.412
Department of Human Services as lead state agency for clean air shelter operations 431A.415
Oregon Health Authority grants for purchase of smoke filtration devices 431A.417
Reporting on smoke filtration device grants 431A.450
Automated external defibrillators required at health clubs 431A.455
Automated external defibrillators required at places of public assembly 431A.460
Legislative findings 431A.463
Prohibition on requiring prior authorization of payment for substance use disorder treatment 431A.475
Oregon Health Authority duties 431A.500
Spinal Cord Injury Research Board 431A.505
Duties of board 431A.510
Spinal Cord Injury Research Fund 431A.525
Stroke Care Committee 431A.530
Oregon Health Authority duties 431A.550
Facilities to provide notice 431A.560
Educational materials about breast reconstruction 431A.570
Significant exposure to bodily fluids 431A.575
Oregon Health Authority to provide pamphlets 431A.600
Oregon Health Authority to conduct prevention and education activities 431A.625
Oregon Health Authority to establish services and programs 431A.650
Alzheimer’s Disease Research Fund 431A.655
Control of fund 431A.675
Maternal Mental Health Patient and Provider Education Program 431A.680
Dissemination of informational materials 431A.685
Funding 431A.700
Oregon Health Authority to disseminate information 431A.725
Qualifying schools 431A.750
Examinations by state laboratory 431A.775
Definitions 431A.780
Recombinant DNA research to comply with federal guidelines 431A.850
Definitions 431A.855
Establishment of program 431A.860
Duty of pharmacy to report to program 431A.865
Disclosure of information 431A.866
Prescribing practices 431A.867
Agreement for use of program information 431A.869
Sharing and use of program information with other states 431A.870
Duty of pharmacist to fill prescription 431A.875
Reports to health professional regulatory boards 431A.877
Duty to register 431A.880
Licensing information 431A.890
Prescription Monitoring Program Advisory Commission 431A.895
Term 431A.896
Prescription Monitoring Program Prescribing Practices Review Subcommittee 431A.898
Practitioner training 431A.900
Civil penalty for violation of ORS 431A.855 to 431A.900
Green check means up to date. Up to date

Current through early 2024

§ 431A.363’s source at oregon​.gov