ORS 418.992 Civil penalty; rules

(1)

In addition to any other liability or penalty provided by law, the Director of Human Services may impose a civil penalty:

(a)

On a child-caring agency that is subject to ORS 418.205 to 418.327, 418.470, 418.475 or 418.950 to 418.970 for any of the following:

(A)

Violation of any of the terms or conditions of a license, certificate or other authorization issued under ORS 418.205 to 418.327, 418.470, 418.475 or 418.950 to 418.970.

(B)

Violation of any rule adopted by, or general order of, the Department of Human Services that pertains to a child-caring agency.

(C)

Violation of any final order of the director that pertains specifically to the child-caring agency.

(D)

Violation of the requirement to have a license, certificate or other authorization under ORS 418.205 to 418.327, 418.470, 418.475 or 418.950 to 418.970.

(b)

On a secure transportation services provider, as defined in ORS 418.241, that violates the disclosure requirement described in ORS 418.241.

(2)

The director shall impose a civil penalty not to exceed $500, unless otherwise required by law, on any child-caring agency for falsifying records, reports, documents or financial statements or for causing another person to do so.

(3)

The director shall impose a civil penalty of not less than $250 nor more than $500, unless otherwise required by law, on a child-caring facility that assumes care or custody of, or provides care or services to, a child knowing that the child’s care needs exceed the license, certificate or authorization classification of the child-caring agency if the assumption of care or custody, or provision of care or services, places that child’s health, safety or welfare at risk.

(4)

Unless the health, safety or welfare of a child is at risk, the director in every case shall prescribe a reasonable time for elimination of a violation:

(a)

Not to exceed 45 days after first notice of a violation; or

(b)

In cases where the violation requires more than 45 days to correct, such time as is specified in a plan of correction found acceptable by the director.

(5)

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

(6)

The department shall adopt rules establishing objective criteria for the imposition and amount of civil penalties under ORS 418.992 to 418.998.