The Office has adopted the following presumptive penalty schedule for the 1st, 2nd, and 3rd violation of facility license laws and rules. This schedule applies, except at the discretion of the Office pursuant to OAR 331-020-0060. For the 4th and subsequent offenses, the provisions of OAR 331-020-0060 apply.

1. (1) Operating or purporting to operate a facility without a valid facility license is a violation of ORS 690.360(d):

   1. (a) Never licensed:

      1. (A) 1st offense: $500;
      2. (B) 2nd offense: $1,000;
      3. (C) 3rd offense: $2,500.

   2. (b) Inactive or expired license:

      1. (A) 1st offense: $200;
      2. (B) 2nd offense: $500;
      3. (C) 3rd offense: $1,000.

   3. (c) License or Authorization, Suspended or Revoked:

      1. (A) 1st offense: $2,500;
      2. (B) 2nd offense: $5,000;
      3. (C) 3rd offense: Monetary penalty and any other actions allowed by law including revocation of suspended authorization to practice and refusal to issue a new authorization to practice to a revoked authorization holder.

2. (2) Allowing an employee or individual unlicensed, inactive, suspended, expired or with a revoked license to practice in a field of practice is a violation of ORS 690.360(f) or OAR 331-925-0050(1)(a).

   1. (a) Allowing and unlicensed or revoked license:

      1. (A) 1st offense: $1,000;
      2. (B) 2nd offense: $2,500;
      3. (C) 3rd offense: Monetary penalty and any other actions allowed by law including revocation of suspended authorization to practice and refusal to issue a new authorization to practice to a revoked authorization holder.

   2. (b) Allowing an employee or individual with inactive, suspended, or expired license:

      1. (A) 1st offense: $200;
      2. (B) 2nd offense: $500;
      3. (C) 3rd offense: $1,000.

3. (3) Failing to allow an Office enforcement officer to inspect the facility when it is open for business is a violation of OAR 331-925-0050(1)(c) and will result in monetary penalties and any other actions allowed by law.

   1. (a) 1st offense: $1,500;
   2. (b) 2nd offense: $2,500;
   3. (c) 3rd offense: $5,000.
4. (4) Operating or purporting to operate an event facility without first obtaining a current valid event facility permit is a violation of ORS 690.360(d) $5,000 per violation.
5. (5) Failing to meet the specifications and standards required under OAR 331-925-0005(3) in a facility may result in an emergency suspension of the facility license until the violation is corrected.

Statutory/Other Authority

676.615 & 676.560

Statutes/Other Implemented

676.560

History

HLO 60-2018, minor correction filed 02/07/2018, effective 02/07/2018
HLO 1-2018, amend filed 01/04/2018, effective 01/04/2018
HLA 1-2013, f. & cert. ef. 1-16-13
HLA 10-2012, f. & cert. ef. 6-25-12
HLA 16-2011, f. 12-30-11, cert. ef. 1-1-12