2017 ORS 329A.992¹
Suspension
  • revocation
  • civil penalty
  • rules
  • deposit into Child Care Fund

Caution-flag-2-25x25
This section is amended
Effective April 13, 2018
Relating to child care; creating new provisions; amending ORS 329A.030, 329A.250, 329A.252, 329A.263, 329A.300, 329A.330, 329A.360, 329A.370 and 329A.992; and declaring an emergency.

(1) In addition to any other provision of law or rule adopted pursuant to ORS 329A.260 (Minimum standards for child care facilities) for enforcement of the provisions of ORS chapter 329A, the Office of Child Care may suspend or revoke a certification or registration issued under ORS 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 impose a civil penalty in the manner provided in ORS 183.745 (Civil penalty procedures), for violation of:

(a) Any of the provisions of ORS 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);

(b) The terms and conditions of a certification or registration issued under ORS 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

(c) Any rule of the Early Learning Council adopted under ORS 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).

(2) The Early Learning Council shall adopt by rule a schedule establishing the civil penalties that may be imposed under this section. The schedule must provide for categories of violations for which a penalty may be imposed, including “nonserious” and “serious” to be defined by the council by rule under ORS 329A.260 (Minimum standards for child care facilities).

(3) The office must issue a written warning for a nonserious or serious violation before assessing a civil penalty under this section. The written warning must prescribe a reasonable time in which to correct a violation.

(4) The office may not impose a civil penalty of more than $100 for a first violation.

(5) The office may not impose a civil penalty for a subsequent violation that exceeds the penalty imposed for the previous violation by more than $100. Penalties imposed under this subsection may not exceed $500 per violation, or $1,000 total for multiple violations per quarter.

(6) Notwithstanding any other provision of this section, the maximum civil penalty that may be imposed:

(a) For violation of ORS 329A.330 (Registration requirements) by a registered family child care home provider is $100.

(b) For violation of ORS 329A.280 (When certification required) by an operator of a child care facility that is not a child care center is $200.

(c) For violation of ORS 329A.280 (When certification required) by an operator of a child care facility that is a child care center is $500.

(7) A civil penalty imposed under this section may be remitted or reduced upon such terms and conditions as the office considers proper and consistent with the public health and safety.

(8) All moneys received under this section shall be deposited in the Child Care Fund established under ORS 329A.010 (Office of Child Care) and may be used for the administration of ORS 181A.200 (Authority of Department of Human Services, Oregon Health Authority and Employment Department to require fingerprints), 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). [Formerly 657A.992; 2017 c.617 §5]

Note: 329A.992 (Suspension) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 329A or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

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1 Legislative Counsel Committee, CHAPTER 329A—Child Care, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors329A.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 OregonLaws.org contains the con­tents of Volume 21 of the ORS, inserted along­side the per­tin­ent statutes. See the preface to the ORS An­no­ta­tions for more information.
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.