ORS 433.855 Duties of Oregon Health Authority; civil penalties; rules; limitations; compliance checks

The Oregon Health Authority, in accordance with the provisions of ORS chapter 183:

Shall adopt rules necessary to implement the provisions of ORS 433.835 to 433.875;

Is responsible for ensuring compliance with ORS 433.835 to 433.875 and rules adopted under ORS 433.835 to 433.875; and

May impose a civil penalty not to exceed $500 per day for each violation of ORS 433.845 or 433.850 or a rule adopted under ORS 433.835 to 433.875. Penalties imposed under this paragraph must be collected in the manner provided in ORS 441.705 to 441.745. All moneys recovered under this paragraph shall be paid into the State Treasury and credited to:

The Tobacco Use Reduction Account established under ORS 431A.153, if the violation concerns nicotine; or

The Oregon Health Authority Fund established under ORS 413.101, if the violation concerns an inhalant other than nicotine.

In carrying out its duties under this section, the authority is not authorized to require any changes in ventilation or barriers in a public place or place of employment. This subsection does not limit the power of the authority to enforce the requirements of any other provision of law.

In public places that the authority regularly inspects, the authority shall check for compliance with the provisions of ORS 433.835 to 433.875. In other public places and places of employment, the authority shall respond to complaints, notifying the proprietor or person in charge of the requirements of ORS 433.835 to 433.875. If repeated complaints are received, the authority may take appropriate action to ensure compliance.

When a county has assumed responsibility of the duties and responsibilities under ORS 446.425 and 448.100, or contracted with the authority under ORS 190.110, the county is responsible for enforcing the provisions of ORS 433.835 to 433.875 and has the same enforcement power as the authority.