The Authority or the LPHA shall respond to complaints as follows:

1. (1) Initial Complaint:

   1. (a) The Authority or the LPHA shall assess whether the site in question is required to be smoke, aerosol or vapor free under the provisions of ORS 433.835 through 433.850.
   2. (b) If the Authority or the LPHA determines that the place of employment, or public place (or any portion thereof), is required to be smoke, aerosol or vapor free, the Authority or the LPHA shall send a letter ("initial response letter") to the place of employment, or public place named in the complaint within 10 business days after receipt of the complaint of violation. The letter shall contain notification that the employer, or public place was reported as being in violation of the Act or these rules, and information on whom to contact for further information and assistance with compliance.
2. (2) Second or Subsequent Complaint: If the Authority or the LPHA receives a second or subsequent complaint about the site more than five business days after the "initial response letter" was sent, a representative of the Authority or the LPHA shall make an unannounced site visit within 30 days of complaint receipt to determine whether the employer or public place is in violation of the Act or these rules.
3. (3) If a complainant has supplied their name and contact information, the Authority or the LPHA shall send a form letter to the complainant, notifying the complainant that the complaint has been received and is being investigated or that the place of employment or public place is not required to be smoke-free under ORS 433.835 through 433.850.

4. (4) Remediation Plan:

   1. (a) If, after a site visit, the Authority or LPHA finds violations of the ICAA an employer or entity in charge of a public place, certified smoke shop or cigar bar, or his or her designee, must cooperate with the Authority or LPHA to develop a remediation plan. All remediation plans must be completed within 15 days of the site visit.
   2. (b) In special circumstances, an employer or entity in charge may request in writing additional time to complete the remediation plan. An extension may be granted only by the Public Health Director or designee.

5. (5) Post-remediation plan follow-up site visit:

   1. (a) The Authority or the LPHA shall make a follow-up visit within 30 days of the remediation plan completion due date to confirm completion.
   2. (b) If a violation of the ICAA is found during the follow-up site visit the Authority may impose civil penalties.

6. (6) Post-remediation plan complaints:

   1. (a) If an additional complaint is received within three years of the date the remediation plan was entered into, the Authority or the LPHA shall make an unannounced site visit within 21 days of complaint receipt. The Authority may impose civil penalties for any violations.
   2. (b) If an additional complaint is received more than three years of the date the remediation plan was created and there is no evidence of other violations in that three-year period, the Authority or the LPHA shall make an unannounced site visit and must follow the procedures in sections (2) and (4) of this rule.

7. (7) Cooperation with Inspection:

   1. (a) An employer or entity in charge of a public place must permit and cooperate with the Authority or the LPHA inspection of the place of employment or public place (or any portion thereof), to evaluate compliance with the Act and these rules.
   2. (b) It is a violation to fail to permit or cooperate with Authority or LPHA inspection.
   3. (c) For the purposes of this rule, "fail to cooperate" includes, but is not limited to interference, a threat, or harassment that delays, impairs or obstructs the Authority or the LPHA from carrying out its inspection or other duties under the Act and these rules.

Statutory/Other Authority

ORS 433.855

Statutes/Other Implemented

ORS 433.835 - 433.870

History

PH 23-2019, amend filed 11/18/2019, effective 01/01/2020
PH 30-2015, f. 12-29-15, cert. ef. 1-1-16
PH 26-2014, f. & cert. ef. 10-8-14
PH 2-2012, f. & cert. ef. 2-1-12
PH 2-2010, f. & cert. ef. 1-14-10
PH 12-2008, f. 8-15-08, cert. ef. 1-1-09
PH 27-2004, f. & cert. ef. 8-19-04
PH 18-2004(Temp), f. & cert. ef. 5-7-04 thru 10-27-04
OHD 12-2002, f. & cert. ef. 8-27-02
OHD 8-2002(Temp), f. & cert. ef. 5-28-02 thru 11-22-02