ORS 431A.365
Costs imposed pursuant to ORS 431A.363

  • notice
  • hearing
  • lien

(1)

Costs imposed by the Oregon Health Authority pursuant to ORS 431A.363 (Civil penalty for violation of ORS 431A.355 or 431A.358) are due and payable 10 days after the order imposing the costs becomes final. A person against whom costs are imposed must be served with a notice in the manner provided in ORS 183.415 (Notice of right to hearing).

(2)

Intentionally left blank —Ed.

(a)

The person served under subsection (1) of this section may, within 20 days of the date of the notice, make a written request for a hearing.

(b)

The authority may by rule provide for a longer period of time in which a hearing may be requested.

(c)

If a hearing is not timely requested, the authority may issue a final order imposing costs.

(3)

A person who makes a timely request for a hearing under subsection (2) of this section is entitled to a hearing. The hearing must be conducted as a contested case hearing pursuant to ORS chapter 183.

(4)

Judicial review of an order made after a hearing described in subsection (3) of this section shall comply with the requirements for judicial review of a contested case under ORS chapter 183.

(5)

When an order imposing costs under this section becomes final, and the amount of costs is not paid within 10 days after the date on which the order becomes final, the order may be recorded with the county clerk in any county in this state. The clerk shall record the name of the person incurring the costs and the amount of costs in the County Clerk Lien Record. In addition to any other remedy provided by law, recording an order in the County Clerk Lien Record has the effect provided for in ORS 205.125 (County Clerk Lien Record) and 205.126 (Enforcement of order or warrant recorded in County Clerk Lien Record) and the order may be enforced as provided for in ORS 205.125 (County Clerk Lien Record) and 205.126 (Enforcement of order or warrant recorded in County Clerk Lien Record).

(6)

The notice described in this section may be made part of any other notice served by the authority pursuant to ORS 183.415 (Notice of right to hearing).

(7)

Intentionally left blank —Ed.

(a)

Costs in an amount sufficient to cover expenses incurred by the authority under ORS 431A.363 (Civil penalty for violation of ORS 431A.355 or 431A.358) shall constitute a lien upon any real and personal property owned by a person who fails to timely comply with an order issued under this section.

(b)

At any time after a person fails to comply with an order issued under this section, the authority may file a claim of lien on real property to be charged with a lien under this subsection with the recording officer of each county in which the real property is located, and a claim of lien on personal property to be charged with a lien under this section with the Secretary of State.

(c)

A lien filed under this section shall attach and become enforceable on the date of the filing. The lien claim must contain:

(A)

A statement of the demand;

(B)

The name of the person against whose property the lien attaches;

(C)

A description of the property charged with the lien sufficient for identification; and

(D)

A statement of the failure of the person to perform the risk assessment, hazard abatement or hazard control as required.

(d)

A lien created by this section may be foreclosed by a suit on real and personal property in the circuit court in the manner provided by law for the foreclosure of other liens. In an action to foreclose on a lien under this section in which the authority prevails, the court, at trial and on appeal, shall allow and fix a reasonable amount for attorney fees for prosecution of the action, if the court finds that a written demand for payment of the claim was made on the defendant not less than 20 days before the commencement of the action.

(8)

This section does not affect the ability of the authority to bring other actions to recover costs described in ORS 431A.363 (Civil penalty for violation of ORS 431A.355 or 431A.358), or as otherwise authorized by law. [2021 c.49 §3]

Source: Section 431A.365 — Costs imposed pursuant to ORS 431A.363; notice; hearing; lien, 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.365’s source at oregon​.gov