2013 ORS § 676.992¹
Civil penalties

(1) Except as provided in subsection (3) of this section, and in addition to any other penalty or remedy provided by law, the Health Licensing Office may impose a civil penalty not to exceed $5,000 for each violation of the following statutes and any rule adopted thereunder:

(a) ORS 688.701 (Definitions for ORS 688.701 to 688.734) to 688.734 (Disciplinary authority of Health Licensing Office) (athletic training);

(b) ORS 690.005 (Definitions for ORS 690.005 to 690.225) to 690.225 (Inspections) (cosmetology);

(c) ORS 680.500 (Definitions for ORS 680.500 to 680.565) to 680.565 (Authority of Health Licensing Office and director) (denture technology);

(d) Subject to ORS 676.616 (Final order authority for contested cases related to practice of direct entry midwifery) and 687.445 (Discipline), ORS 687.405 (Direct entry midwifery defined) to 687.495 (Collection of data on birth and fetal death outcomes) (direct entry midwifery);

(e) ORS 690.350 (Definitions for ORS 690.350 to 690.410) to 690.410 (Minimum standards of education and training) (tattooing, electrolysis, body piercing, earlobe piercing, dermal implanting and scarification);

(f) ORS 694.015 (Definitions for ORS 694.015 to 694.170) to 694.170 (Duties of council) (dealing in hearing aids);

(g) ORS 688.800 (Definitions for ORS 688.800 to 688.840) to 688.840 (Immunity from civil liability) (respiratory therapy and polysomnography);

(h) ORS chapter 700 (environmental sanitation);

(i) ORS 675.360 (Legislative findings) to 675.410 (Duties of Health Licensing Office under ORS 675.360 to 675.410) (sex offender treatment);

(j) ORS 678.710 (Definitions for ORS 678.710 to 678.820) to 678.820 (Duties and powers of board and Health Licensing Office) (nursing home administrators);

(k) ORS 691.405 (Definitions for ORS 691.405 to 691.485) to 691.485 (Board of Licensed Dietitians) (dietitians);

(L) ORS 676.612 (Disciplinary authority) (prohibited acts); and

(m) ORS 676.800 (Behavior Analysis Regulatory Board) (applied behavior analysis).

(2) The office may take any other disciplinary action that it finds proper, including but not limited to assessment of costs of disciplinary proceedings, not to exceed $5,000, for violation of any statute listed in subsection (1) of this section or any rule adopted under any statute listed in subsection (1) of this section.

(3) Subsection (1) of this section does not limit the amount of the civil penalty resulting from a violation of ORS 694.042 (Right to rescind hearing aid purchase).

(4) In imposing a civil penalty pursuant to this section, the office shall consider the following factors:

(a) The immediacy and extent to which the violation threatens the public health or safety;

(b) Any prior violations of statutes, rules or orders;

(c) The history of the person incurring a penalty in taking all feasible steps to correct any violation; and

(d) Any other aggravating or mitigating factors.

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

(6) The moneys received by the office from civil penalties under this section shall be deposited in the Health Licensing Office Account and are continuously appropriated to the office for the administration and enforcement of the laws the office is charged with administering and enforcing that govern the person against whom the penalty was imposed. [2003 c.547 §4; 2005 c.648 §14; 2007 c.841 §17; 2009 c.701 §17; 2009 c.768 §31; 2011 c.346 §31; 2011 c.630 §20; 2011 c.715 §21; 2013 c.82 §5; 2013 c.314 §17; 2013 c.568 §33; 2013 c.657 §10; 2013 c.771 §17]

Note: The amendments to 676.992 (Civil penalties) by section 33, chapter 568, Oregon Laws 2013, become operative July 1, 2014. See section 142, chapter 568, Oregon Laws 2013, as amended by section 146, chapter 568, Oregon Laws 2013. The text that is operative until July 1, 2014, including amendments by section 5, chapter 82, Oregon Laws 2013, section 17, chapter 314, Oregon Laws 2013, section 10, chapter 657, Oregon Laws 2013, and section 17, chapter 771, Oregon Laws 2013, is set forth for the users convenience.

676.992 (Civil penalties). (1) Except as provided in subsection (3) of this section, and in addition to any other penalty or remedy provided by law, the Oregon Health Licensing Agency may impose a civil penalty not to exceed $5,000 for each violation of the following statutes and any rule adopted thereunder:

(a) ORS 688.701 (Definitions for ORS 688.701 to 688.734) to 688.734 (Disciplinary authority of Health Licensing Office) (athletic training);

(b) ORS 690.005 (Definitions for ORS 690.005 to 690.225) to 690.225 (Inspections) (cosmetology);

(c) ORS 680.500 (Definitions for ORS 680.500 to 680.565) to 680.565 (Authority of Health Licensing Office and director) (denture technology);

(d) Subject to ORS 676.616 (Final order authority for contested cases related to practice of direct entry midwifery) and 687.445 (Discipline), ORS 687.405 (Direct entry midwifery defined) to 687.495 (Collection of data on birth and fetal death outcomes) (direct entry midwifery);

(e) ORS 690.350 (Definitions for ORS 690.350 to 690.410) to 690.410 (Minimum standards of education and training) (tattooing, electrolysis, body piercing, earlobe piercing, dermal implanting and scarification);

(f) ORS 694.015 (Definitions for ORS 694.015 to 694.170) to 694.170 (Duties of council) (dealing in hearing aids);

(g) ORS 688.800 (Definitions for ORS 688.800 to 688.840) to 688.840 (Immunity from civil liability) (respiratory therapy and polysomnography);

(h) ORS chapter 700 (environmental sanitation);

(i) ORS 675.360 (Legislative findings) to 675.410 (Duties of Health Licensing Office under ORS 675.360 to 675.410) (sex offender treatment);

(j) ORS 678.710 (Definitions for ORS 678.710 to 678.820) to 678.820 (Duties and powers of board and Health Licensing Office) (nursing home administrators);

(k) ORS 691.405 (Definitions for ORS 691.405 to 691.485) to 691.485 (Board of Licensed Dietitians) (dietitians);

(L) ORS 676.612 (Disciplinary authority) (prohibited acts); and

(m) ORS 676.800 (Behavior Analysis Regulatory Board) (applied behavior analysis).

(2) The agency may take any other disciplinary action that it finds proper, including but not limited to assessment of costs of disciplinary proceedings, not to exceed $5,000, for violation of any statute listed in subsection (1) of this section or any rule adopted under any statute listed in subsection (1) of this section.

(3) Subsection (1) of this section does not limit the amount of the civil penalty resulting from a violation of ORS 694.042 (Right to rescind hearing aid purchase).

(4) In imposing a civil penalty pursuant to this section, the agency shall consider the following factors:

(a) The immediacy and extent to which the violation threatens the public health or safety;

(b) Any prior violations of statutes, rules or orders;

(c) The history of the person incurring a penalty in taking all feasible steps to correct any violation; and

(d) Any other aggravating or mitigating factors.

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

(6) The moneys received by the agency from civil penalties under this section shall be paid into the General Fund of the State Treasury and credited to the Oregon Health Licensing Agency Account established under ORS 676.625 (Health Licensing Office Account). Such moneys are continuously appropriated to the agency for the administration and enforcement of the laws the agency is charged with administering and enforcing that govern the person against whom the penalty was imposed.

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