1. (1) If a school or facility fails to comply with these rules, the local health department shall notify that school or facility in writing, by electronic mail or letter, informing them of the following:

   1. (a) The specific rules the school or facility is not complying with.
   2. (b) What the school or facility needs to do to come into compliance.
   3. (c) The date by which compliance is required, with a four working day time frame.
2. (2) The local health department will make a minimum of one attempt of verbal contact prior to the date established for compliance and document this attempt.
3. (3) If the school or facility fails to meet the timeframe established for compliance, the local health department shall notify the Public Health Division (Division) of the name and address of the school or facility and provide the Division with written documentation to the school or facility, and any other supporting documentation.

4. (4) After receiving a notification by a local health department, the Public Health Division shall send a certified letter (“Letter”) to the non-compliant school or facility that:

   1. (a) Notifies the school or facility that it is out of compliance and how it is out of compliance with the immunization laws, including a citation to the applicable statutes and rules.
   2. (b) Describes what is required to come into compliance.
   3. (c) Establishes a compliance deadline.
   4. (d) Informs the school or facility that a civil penalty may be imposed if the school or facility does not meet the compliance deadline.
5. (5) The Public Health Division shall send copies of the Letter to the local health department, the school administrator or school district’s superintendent, and the Department of Early Learning and Care, as applicable,
6. (6) Schools or facilities that fail to comply with these rules may be subject to civil penalties not to exceed $500 per day per violation.
7. (7) A notice of imposition of civil penalties shall comply with ORS 183.745.

Statutory/Other Authority

ORS 431.262, ORS 433.004 & ORS 433.273

Statutes/Other Implemented

ORS 431.262, ORS 433.001, ORS 433.004, ORS 433.006 & ORS 433.235 - 433.284

History

PH 11-2025, adopt filed 05/02/2025, effective 05/02/2025