ORS 329A.992 Suspension; revocation; civil penalty; rules; injunctive relief

In addition to any other provision of law or rule adopted pursuant to ORS 329A.260 for enforcement of the provisions of ORS chapter 329A, the Department of Early Learning and Care may:

Suspend or revoke a certification or registration issued under ORS 329A.250 to 329A.450, or impose a civil penalty in the manner provided in ORS 183.745, for violation of:

Any of the provisions of ORS 329A.030 and 329A.250 to 329A.450;

The terms and conditions of a certification or registration issued under ORS 329A.250 to 329A.450; or

Any rule of the Early Learning Council adopted under ORS 329A.030 and 329A.250 to 329A.450.

Impose a civil penalty in the manner provided in ORS 183.745 and file for injunctive relief in a circuit court for the provision of child care, or for having a child in an individual’s care, in violation of ORS 329A.030 (2).

Remove an individual described in ORS 329A.030 (11)(d) from the Central Background Registry, or impose a civil penalty in the manner provided in ORS 183.745, for the individual’s or the subsidized care facility’s violation of:

Any of the provisions of ORS 329A.030 or 329A.500; or

Any rule of the Early Learning Council adopted under ORS 329A.030, 329A.500 or 329A.505.

The Early Learning Council may adopt by rule a schedule establishing the civil penalties that may be imposed under this section.

Except as provided in subsection (4) of this section, penalties imposed under this section may not exceed:

$750 per violation for a registered family child care home.

$1,200 per violation for a certified family child care home.

$2,500 per violation for a certified child care center that is not a family child care home.

The department may impose a civil penalty of not more than $1,500 for a child care facility that provides child care without a valid:

Certification, in violation of ORS 329A.280; or

Registration, in violation of ORS 329A.330.

Each day that a child care facility is operating in violation of any of the provisions described in subsection (1) of this section is a separate violation.

The department may revoke a child care facility’s certification or registration or deny a child care facility’s renewal application for a certification or registration if the facility fails to pay a civil penalty after the order imposing the penalty becomes final.

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

All moneys received under this section shall be paid into the State Treasury and credited to the General Fund.