1. (1)    CCLD may assess a civil penalty of up to $750 per violation of these rules or terms and conditions of registration.
   (2)    CCLD may assess a civil penalty in addition to any other appropriate legal action, considering:
   (a)    Numbers of previous violations of the same rule;
   (b)    Circumstances surrounding the rule violations; and
   (c)    Prior warnings, technical assistance, or legal actions regarding the certified child care center’s compliance with the rule.
   (3)    For a serious violation, as defined in OAR 414-210-0100(44), a provider may be subject to a civil penalty not to exceed $750 for each violation.
   (4)    For a non‐serious violation, a provider may be subject to a civil penalty of $250 for each violation.
   (5)    CCLD may assess a separate civil penalty for each day for which CCLD has made a valid finding that a provider is in violation of ORS 329A.250 to ORS 329A.450, these rules, or the terms and conditions of certification. CCLD may assess civil penalties for multiple days in a single action.
   (6)    An individual or entity that provides child care subject to registration or certification in a home or facility that is not registered or certified with CCLD may be subject to a civil penalty not to exceed $1,500 per day of operation of the uncertified or unregistered facility.
   (7)    Notwithstanding CCLD’s decision to impose a civil penalty for one or more rule violations, CCLD may also take action to deny, suspend or revoke a certification for the same rule violation or violations.
   (8)    A provider may appeal any decision to impose a civil penalty, subject to the provisions of chapter 183, Oregon Revised Statutes.
   (9)    Failure to pay a civil penalty in which CCLD has issued a final order by default or a final order after a contested case hearing shall be grounds for denial or revocation of a provider’s registration.
   

Statutory/Other Authority

ORS 329A.260 & ORS 329A.992

Statutes/Other Implemented

ORS 329A.330 & ORS 329A.992

History

DELC 9-2026, amend filed 06/29/2026, effective 09/01/2026
DELC 140-2024, adopt filed 12/11/2024, effective 07/01/2025