Loading
The Oregon Administrative Rules contain OARs filed through August 15, 2014
 
QUESTIONS ABOUT THE CONTENT OR MEANING OF THIS AGENCY'S RULES?
CLICK HERE TO ACCESS RULES COORDINATOR CONTACT INFORMATION

 

OREGON HEALTH AUTHORITY,
PUBLIC HEALTH DIVISION

 

DIVISION 124

CIVIL PENALTIES

333-124-0001

Purpose and Scope

The rules in this division establish civil penalties for failure to comply with the statutory and administrative rule requirements in divisions 100 through 123.

Stat. Auth.: ORS 431.262, 431.950 & 453.771
Stats. Implemented: ORS 431.262, 431.950 & 453.771
Hist.: PH 4-2010, f. & cert. ef. 2-16-10

333-124-0010

Civil Penalties

(1) The Authority may impose a civil penalty on:

(a) A tanning facility for violations of ORS 431.925 through 431.955 or any rules in divisions 100, 103, 111, 119 and this chapter.

(b) An X-ray machine registrant for a violation of ORS 453.605 through 453.807 or any rules in division 100, 101, 103, 106, 108, 111, 112, 115, 120, 122, 123 of this chapter, and this division.

(c) A radioactive materials licensee for a violation of ORS 453.605 through 453.807 or any rules in divisions 100, 102, 103, 105, 109, 111, 113, 116, 117, 118, 120, 121 of this chapter, and this division.

(2) For a first violation, unless the violation poses a serious public health threat, the Authority shall provide a tanning facility, X-ray machine registrant or radioactive materials licensee with a Notice of Violation that explains the violation and informs the facility, registrant or licensee of the violation and that it must be corrected within a time frame specified in the Notice, or the facility, registrant or licensee may be subject to a civil penalty.

(3) For violations that pose a significant public health threat, or for second or subsequent violations of any level of severity, the Authority may, but is not required to, issue a Notice of Violation as described in section (2) of this rule prior to issuing a Notice of Imposition of Civil Penalty.

(4) Each day that a facility, registrant or licensee is in violation is considered a new violation until the facility, registrant or licensee is in compliance.

(5) Each device that is out of compliance with applicable statutes or rules is a separate violation.

(6) A civil penalty will be imposed based on the severity of the violation and whether it is a first or repeat offense.

(a) Level 1 violation: A violation that has the potential to cause a significant health and safety problem or has caused a significant health and safety problem.

(b) Level 2 violation: A violation that has the potential to cause a moderate health and safety problem or has caused a moderate health and safety problem.

(c) Level 3 violation: A violation that has the potential to cause a minor health and safety problem or has caused a minor health and safety problem.

(d) Level 4 violation: A violation that, if it continues, could result in a condition that may cause a health and safety problem.

(e) Level 5 violation: An action that violates a statute or rule but will not result in a direct health and safety problem. (Minor statutory or administrative rule infraction)

(7) Civil penalty amounts are as follows, except as provided in section (8) of this rule:

(a) Level 1 violation, first offense: $200.00.

(b) Level 1 violation, second offense: $350.00.

(c) Level 1 violation, third and subsequent offenses: $500.00.

(d) Level 2 violation, first offense: $150.00.

(e) Level 2 violation, second offense: $200.00.

(f) Level 2 violation, third and subsequent offenses: $250.00.

(g) Level 3 violation: $100.00.

(h) Level 3 violation, second offense: $150.00.

(i) Level 3 violation, third and subsequent offenses: $200.00.

(j) Level 4 violation, first offense: $75.00.

(k) Level 4 violation, second offense: $100.00.

(l) Level 4 violation, third and subsequent offenses: $125.00.

(m) Level 5 violation, first offense: $50.00.

(n) Level 5 violation, second offense: $75.00.

(o) Level 5 violation, third and subsequent offenses: $100.00.

(8) For failure to properly pay registration or licensing fee in whole within 30 days of the due date, the registrant or licensee will be subject to a civil penalty of:

(a) Three percent of the applicable fee outlined in division 103 of these rules per day per device for the first 30 days, followed by;

(b) Five percent of the applicable fee outlined in division 103 of these rules per day per device for the next 30 days, followed by;

(c) Ten percent of the applicable fee outlined in division 103 of these rules per day per device for the next 30 days or subsequent periods and calculated from the due date until the registration or licensing fee is paid in full.

(9) The Authority will issue a Notice of Intent to Assess Civil Penalties and the Notice will explain the right of the facility to request a hearing, in accordance with ORS 183.745.

Stat. Auth.: ORS 431.262, 431.950 & 453.771
Stats. Implemented: ORS 431.262, 431.950 & 453.771
Hist.: PH 4-2010, f. & cert. ef. 2-16-10

The official copy of an Oregon Administrative Rule is contained in the Administrative Order filed at the Archives Division, 800 Summer St. NE, Salem, Oregon 97310. Any discrepancies with the published version are satisfied in favor of the Administrative Order. The Oregon Administrative Rules and the Oregon Bulletin are copyrighted by the Oregon Secretary of State. Terms and Conditions of Use

Oregon Secretary of State • 136 State Capitol • Salem, OR 97310-0722
Phone: (503) 986-1523 • Fax: (503) 986-1616 • oregon.sos@state.or.us

© 2013 State of Oregon All Rights Reserved​