1. (1) Any person or entity that fails to comply with a protocol, order, other requirement imposed by the Public Health Director under ORS 431A.010, 431A.015, or 433.443 or these rules is subject to the imposition of civil penalties not to exceed $500 per day per violation.

2. (2) In determining the amount of a civil penalty, the Oregon Health Authority (Authority) shall consider whether:

   1. (a) The Authority made repeated attempts to obtain compliance;
   2. (b) The person or entity has a history of noncompliance with public health laws; and
   3. (c) The violation poses a serious risk to the public's health.
3. (3) Each day a violation continues will be considered an additional violation.
4. (4) A notice of imposition of civil penalties shall comply with ORS 183.745.

Statutory/Other Authority

ORS 413.042 & 433.441 - 433.452

Statutes/Other Implemented

ORS 433.441 - 433.452

History

PH 17-2026, amend filed 02/04/2026, effective 02/05/2026
PH 11-2011, f. & cert. ef. 10-27-11
PH 5-2011(Temp), f. & cert. ef. 7-1-11 thru 12-27-11
PH 8-2008, f. & cert. ef. 5-5-08