Oregon Statutes 329A.992 – Suspension; revocation; civil penalty; rules; injunctive relief
(1) 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:
Terms Used In Oregon Statutes 329A.992
- State Treasury: includes those financial assets the lawful custody of which are vested in the State Treasurer and the office of the State Treasurer relating to the custody of those financial assets. See Oregon Statutes 174.100
(a) 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:
(A) Any of the provisions of ORS § 329A.030 and 329A.250 to 329A.450;
(B) The terms and conditions of a certification or registration issued under ORS § 329A.250 to 329A.450; or
(C) Any rule of the Early Learning Council adopted under ORS § 329A.030 and 329A.250 to 329A.450.
(b) 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).
(c) 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:
(A) Any of the provisions of ORS § 329A.030 or 329A.500; or
(B) Any rule of the Early Learning Council adopted under ORS § 329A.030, 329A.500 or 329A.505.
(2) The Early Learning Council may adopt by rule a schedule establishing the civil penalties that may be imposed under this section.
(3) Except as provided in subsection (4) of this section, penalties imposed under this section may not exceed:
(a) $750 per violation for a registered family child care home.
(b) $1,200 per violation for a certified family child care home.
(c) $2,500 per violation for a certified child care center that is not a family child care home.
(4) 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:
(a) Certification, in violation of ORS § 329A.280; or
(b) Registration, in violation of ORS § 329A.330.
(5) 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.
(6) 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.
(7) 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.
(8) All moneys received under this section shall be paid into the State Treasury and credited to the General Fund. [Formerly 657A.992; 2017 c.617 § 5; 2018 c.115 § 13; 2019 c.679 § 3; 2022 c.27 15,27; 2023 c.554 § 41]
329A.992 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS Chapter 329A or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.