ORS 329A.255 Preschool recorded program and school-age recorded program; criminal background check required; fee; rules; civil penalty

A person may not operate a preschool recorded program or a school-age recorded program unless the program is recorded with the Department of Early Learning and Care as provided in this section.

To obtain recording, the person operating the program must apply to the department by submitting a completed record application form and a nonrefundable fee as established by the department. The department shall determine and apply the fee through rules adopted by the Early Learning Council under ORS 329A.275. The department shall deposit fees received under this subsection as provided in ORS 329A.310 (2).

The department shall issue a record to the applicant if the department determines that the applicant meets the requirements of ORS 329A.030 and 329A.250 to 329A.450 and the rules adopted pursuant to ORS 329A.030 and 329A.250 to 329A.450 and subsection (9) of this section.

Unless the record is revoked as provided in subsection (8) of this section, the record is valid for a period of two years from the date of issuance.

A record authorizes operation of the program only on the premises described in the record and only by the person named in the record.

The department shall create and maintain a database of programs recorded under this section and shall update the database annually. The database must include, but need not be limited to, the following information:

Name and address of the program;

Name of operator; and

Significant program information, as determined by the Early Learning Council by rule.

A program recorded under this section must post, and provide parents with, a notice that the program is not certified under ORS 329A.280 or registered under ORS 329A.330.

An initial application or renewal application for recording of a program under this section may be denied, revoked or suspended, if the department finds:

That the program or its operation does not comply with ORS 329A.030 or 329A.250 to 329A.450, with applicable rules and with any term or condition imposed under the record; or

That investigation of the program or its records authorized by ORS 329A.390 has not been permitted.

The Early Learning Council shall adopt any rules necessary to carry out the provisions of this section.

A person who violates any provision of this section or any term or condition of a record is subject to a civil penalty not to exceed $100.