Public Health Programs and Activities

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


(1)

Any person who violates any provision of, or any rule adopted under, ORS 431A.355 (Power of Oregon Health Authority to regulate lead-based paint activities) or 431A.358 (Performance of lead-based paint activities without certification prohibited) shall forfeit and pay to the Public Health Account established under ORS 431.210 (Public Health Account) a civil penalty of not more than $5,000 for each violation. Moneys paid to the Public Health Account under this section may be used only for the purposes of lead poisoning prevention, including consumer and industry outreach, public education, blood lead screening and other activities.

(2)

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

(3)

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

(4)

The Oregon Health Authority shall report all civil penalties or sanctions imposed under this section or a rule adopted under ORS 431A.355 (Power of Oregon Health Authority to regulate lead-based paint activities) 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]

Source

Last accessed
Jun. 26, 2021