ORS 431A.363 Civil penalty for violation of ORS 431A.355 or 431A.358; hearing

The Oregon Health Authority may impose a civil penalty of not more than $5,000 per violation per day on any person who violates:

ORS 431A.358;

A rule adopted under ORS 431A.355; or

An order issued by the authority pursuant to this section or ORS 431A.355 or 431A.358.

If the authority has reason to believe that a person is engaging in an act or practice that violates ORS 431A.358 or a rule adopted under ORS 431A.355, the authority may order that all lead-based paint activities or renovation to which the person is connected stop immediately.

A request for a hearing on the propriety of the order must be submitted to the authority in writing within 10 days of the date on which the order was served. The authority shall grant a hearing as soon as practicable after receipt of the hearing request, and shall conduct the hearing as provided for contested cases under ORS chapter 183.

The authority may issue an order to require the actions described in paragraph (b) of this subsection to:

A person who has violated ORS 431A.358 or a rule adopted under ORS 431A.355; or

A property owner, or agent of the property owner, who knowingly contracted with a person who was not certified under ORS 431A.355 to perform lead-based paint activities or renovation when certification was required under ORS 431A.358.

An order issued under this subsection may require the recipient of the order to, as soon as reasonably practical:

Obtain a risk assessment in accordance with ORS 431A.355 or 431A.358 and rules adopted under ORS 431A.355 or 431A.358; and

Abate or control any lead-based paint hazards identified by the risk assessment. All lead-based paint abatement and hazard control services must be performed in accordance with ORS 431A.355 and 431A.358 and rules adopted under ORS 431A.355 and 431A.358.

A request for a hearing on the propriety of the order must be submitted to the authority in writing within 10 days of the date on which the order was served. The authority shall grant a hearing as soon as practicable after receipt of the hearing request, and shall conduct the hearing as provided for contested cases under ORS chapter 183.

If a person described in subsection (3) of this section fails to timely comply with an order issued under subsection (3) of this section, the authority may take any necessary action to obtain a risk assessment or abate or control any lead-based paint hazards identified by a risk assessment.

In addition to the civil penalty described in subsection (1) of this section, the authority may impose on a person who fails to timely comply with an order issued pursuant to subsection (3) of this section costs in an amount sufficient to cover any expenses incurred by the authority in obtaining a risk assessment and abating or controlling any hazards, as described in subsection (3) of this section. Costs imposed under this section must be imposed in compliance with ORS 431A.365.

A person who fails to identify a third party as described in ORS 431A.355 is liable jointly and severally for any violation by the third party of ORS 431A.358 or a rule adopted under ORS 431A.355.

All moneys collected by the authority under this section and ORS 431A.365 shall be deposited into the Public Health Account established under ORS 431.210. Moneys deposited under this section shall be used for the purposes of lead poisoning prevention, including consumer and industry outreach, public education, blood lead screening, lead-based paint risk assessments, lead-based paint hazard abatement and control activities and other similar activities.

Civil penalties under this section shall be imposed as provided in ORS 183.745.

A civil penalty imposed under this section is in addition to, and not in lieu of, any other penalty or sanction provided by law.

The authority shall report all civil penalties and sanctions imposed under this section or a rule adopted under ORS 431A.355 to each of the following state agencies:

The Construction Contractors Board;

The Occupational Safety and Health Division of the Department of Consumer and Business Services; and

The Department of Environmental Quality.