1. (1) If the Authority determines that an administrator or person in charge of an SICF permits a person to smoke tobacco in an SICF or within 10 feet of a doorway, open window or ventilation intake of an SICF, the Authority may assess a civil penalty of not more than $500 per day against the administrator or the person in charge of an SICF.

2. (2) In determining whether an administrator or person in charge of an SICF has permitted a person to smoke tobacco in violation of ORS 441.815, the Authority shall consider whether:

   1. (a) An SICF administrator or person in charge of an SICF has taken steps to enforce the smoking prohibitions, including calling law enforcement to report a violation;
   2. (b) The SICF administrator or person in charge of an SICF took affirmative action to address any complaints about smoking in an SICF or within 10 feet of a doorway, open window or ventilation intake of an SICF; and
   3. (c) An SICF administrator or person in charge of an SICF has taken steps to educate the public and staff about the smoking ban.
3. (3) A civil penalty issued under this rule shall not exceed $2,000 in any 30-day period.
4. (4) A civil penalty imposed under this rule shall comply with ORS 183.745.

Statutory/Other Authority

ORS 441.815

Statutes/Other Implemented

ORS 441.815

History

PH 4-2019, adopt filed 02/21/2019, effective 02/21/2019