(1) The Division may impose civil penalties, not to exceed $5,000 for each occurrence for:
- (a) Any CBHS operating without registration as required by these rules; or
- (b) Any CBSH in violation of ORS 443.880 or 443.881.
(2) The notice must be sent by certified mail and include:
- (a) A reference to the particular sections of the statute, rule, ordinance, or regulation imposed;
- (b) A short and plain statement of the matters asserted or charged;
- (c) A statement of the amount of the penalty or penalties imposed; and
- (d) A statement of the right to request a hearing.
- (3) The person to whom the notice is addressed shall have ten calendar days from receipt of the notice in which to make written request for a hearing.
- (4) All hearings must be conducted according to the applicable provisions of ORS 183.
- (5) Unless the penalty is paid within ten days after the order becomes final, the order constitutes a judgement and may be recorded by the County Clerk that becomes a lien upon the title to any interest in real property owned by the person.
- (6) Civil penalties are subject to judicial review under ORS 183.480.
- (7) All penalties recovered under ORS 443.480 to 443.500 shall be paid into the State Treasury and credited to the General Fund.
Statutory/Other Authority
ORS 413.032, ORS 413.042, ORS 413.05 & ORS 413.485
Statutes/Other Implemented
ORS 443.480 - 443.500 & ORS 443.991
History
BHS 43-2023, amend filed 12/22/2023, effective 01/01/2024
BHS 9-2018, adopt filed 04/16/2018, effective 04/16/2018