- (1) A licensee that violates a birthing center licensing law, including OAR 333-077-0230 is subject to the imposition of a civil penalty not to exceed $500 per day per violation.
(2) In determining the amount of a civil penalty, the Oregon Health Authority (Authority) shall consider whether:
- (a) The Authority made repeated attempts to obtain compliance;
- (b) The licensee has a history of noncompliance with birthing center licensing laws;
- (c) The violation poses a serious risk to the public's health;
- (d) The licensee gained financially from the noncompliance; and
- (e) There are mitigating factors, such as a licensee's cooperation with an investigation or actions to come into compliance.
- (3) The Authority shall document its consideration of the factors in section (2) of this rule.
- (4) Each day a violation continues is an additional violation.
- (5) A civil penalty imposed under this rule shall comply with ORS 183.745.
Statutory/Other Authority
ORS 441.025
Statutes/Other Implemented
ORS 441.990
History
PH 23-2025, adopt filed 11/03/2025, effective 11/03/2025