ORS 329A.344
Cease and desist order


(1)

If the Office of Child Care has reason to believe that an individual or a child care facility has engaged, is engaging or is about to engage in a violation of ORS 181A.200 (Authority of Department of Human Services, Oregon Health Authority and Employment Department to require fingerprints) or 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) or 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) or 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), the office may, subject to ORS chapter 183, issue an order directing the individual or facility to cease and desist from the violation or threatened violation.

(2)

A cease and desist order issued under subsection (1) of this section shall include:

(a)

A statement of the facts constituting the violation;

(b)

A requirement that the individual or child care facility named in the order cease and desist from the violation;

(c)

The effective date of the order; and

(d)

A notice to the individual or facility named in the order of the right to a contested case hearing under ORS chapter 183.

(3)

A cease and desist order issued under subsection (1) of this section becomes effective 21 days after service of the order unless the individual or child care facility named in the order requests a hearing on the order.

(4)

Intentionally left blank —Ed.

(a)

If an individual or a child care facility makes a timely demand for a hearing on the order, the office shall hold a hearing as provided by ORS chapter 183.

(b)

After the hearing, the office shall enter a final order vacating, modifying or affirming the order.

(5)

An individual or a child care facility is entitled to judicial review of an order by the office under ORS chapter 183 if the individual or facility made a timely demand for a hearing.

(6)

A judgment of a reviewing court under ORS chapter 183 does not bar the office from vacating or modifying an order involved in the proceeding for review, or entering a new order, for a proper cause that was not decided by the reviewing court. [2018 c.115 §7]

Source: Section 329A.344 — Cease and desist order, https://www.­oregonlegislature.­gov/bills_laws/ors/ors329A.­html.

329A.010
Office of Child Care
329A.020
Duties of office
329A.025
Information sharing between Office of Child Care and Department of Human Services
329A.030
Central Background Registry
329A.100
“Resource and referral system” defined for ORS 329A.100 to 329A.135
329A.110
Policy
329A.120
Services by resource and referral entities
329A.130
Resource and referral entities required to match funds
329A.135
Duties of Office of Child Care
329A.250
Definitions for ORS 329A.030 and 329A.250 to 329A.450
329A.252
Provision of care by persons whose certification or registration or enrollment in registry is denied, revoked or suspended
329A.255
Preschool recorded program
329A.257
School-age recorded program
329A.260
Minimum standards for child care facilities
329A.261
Development of quality recognition and improvement system
329A.263
Emergency plan for facilities
329A.270
Renewal procedure for certification or registration
329A.275
Rules
329A.280
When certification required
329A.290
Qualifications of applicant for certification
329A.300
Issuance of certification
329A.310
Application
329A.330
Registration requirements
329A.340
Certain child care providers required to attend orientation
329A.342
Jurisdiction
329A.344
Cease and desist order
329A.346
Progressive enforcement system
329A.348
Interference with disclosure of information
329A.350
Denial, revocation or suspension of certification or registration
329A.360
Notice
329A.370
Injunction
329A.390
Inspection
329A.400
Duties of Oregon Health Authority
329A.410
When search warrant required
329A.420
Cooperative agreements to inspect premises
329A.430
Rights of family child care providers to join labor organizations
329A.440
Application of land use regulations to family child care homes
329A.450
Assistance to staff of facility
329A.460
Separate sleeping quarters not required for certain persons providing child care or babysitting services
329A.490
Child care provider training program
329A.493
Funds for training program
329A.500
Employment Related Day Care subsidy program
329A.505
Inspection
329A.600
Early Childhood Suspension and Expulsion Prevention Program
329A.625
Prohibition on suspending or expelling child from program
329A.700
Definitions for ORS 329A.700 to 329A.712
329A.703
Program established
329A.706
Program implementation
329A.712
Revenue distribution to child care providers
329A.750
Department of Early Learning and Care responsible for administering federal funds
329A.990
Criminal penalty
329A.992
Suspension
329A.994
Civil penalty for interference with disclosure of information
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