(1) At any reasonable time, an authorized representative of the Department of Early Learning and Care may conduct an inspection or investigation of a subsidized care facility, as defined in ORS § 329A.250.

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Terms Used In Oregon Statutes 329A.505

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
  • Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.

(2) When conducting an investigation under this section, the department may:

(a) Take evidence;

(b) Take the depositions of witnesses, including the person under investigation, in the manner prescribed by law for depositions in civil actions;

(c) Compel the appearance of witnesses, including the person under investigation, in the manner prescribed by law for appearances in civil actions;

(d) Require answers to interrogatories;

(e) Compel the production of books, papers, accounts, documents or testimony that pertains to the matter under investigation;

(f) Issue subpoenas; and

(g) Inspect the premises of the facility under investigation.

(3) The department may, as a condition of finalizing an inspection, require improvements, corrections or other measures to ensure that the subsidized care facility complies with the requirements under the rules adopted under this section.

(4) In addition to any rules adopted under ORS § 329A.500, the Early Learning Council may adopt rules to establish minimum health and safety standards for subsidized care facilities and for the administration of this section. [2015 c.698 § 2; 2019 c.187 § 8; 2021 c.631 8a,74; 2023 c.554 § 36]

 

See second note under 329A.500.

 

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