(1) A person may not operate a preschool recorded program or a school-age recorded program unless the program is recorded with the Department of Early Learning and Care as provided in this section.

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(2) To obtain recording, the person operating the program must apply to the department by submitting a completed record application form and a nonrefundable fee as established by the department. The department shall determine and apply the fee through rules adopted by the Early Learning Council under ORS § 329A.275. The department shall deposit fees received under this subsection as provided in ORS § 329A.310 (2).

(3) The department shall issue a record to the applicant if the department determines that the applicant meets the requirements of ORS § 329A.030 and 329A.250 to 329A.450 and the rules adopted pursuant to ORS § 329A.030 and 329A.250 to 329A.450 and subsection (9) of this section.

(4) Unless the record is revoked as provided in subsection (8) of this section, the record is valid for a period of two years from the date of issuance.

(5) A record authorizes operation of the program only on the premises described in the record and only by the person named in the record.

(6) The department shall create and maintain a database of programs recorded under this section and shall update the database annually. The database must include, but need not be limited to, the following information:

(a) Name and address of the program;

(b) Name of operator; and

(c) Significant program information, as determined by the Early Learning Council by rule.

(7) A program recorded under this section must post, and provide parents with, a notice that the program is not certified under ORS § 329A.280 or registered under ORS § 329A.330.

(8) An initial application or renewal application for recording of a program under this section may be denied, revoked or suspended, if the department finds:

(a) That the program or its operation does not comply with ORS § 329A.030 or 329A.250 to 329A.450, with applicable rules and with any term or condition imposed under the record; or

(b) That investigation of the program or its records authorized by ORS § 329A.390 has not been permitted.

(9) The Early Learning Council shall adopt any rules necessary to carry out the provisions of this section.

(10) A person who violates any provision of this section or any term or condition of a record is subject to a civil penalty not to exceed $100. [Formerly 657A.255; 2019 c.187 § 9; 2022 c.90 § 3; 2023 c.554 § 12]

[Formerly 657A.257; 2019 c.187 § 10; repealed by 2022 c.90 § 10]