- (1) DELC may assess a civil penalty of up to $2500 per violation of these rules or terms and conditions of the ONB program certification.
(2) DELC 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 ONB program’s compliance with the rule.
(3) For a serious violation, as defined in OAR 414-320-0100(54), a certified ONB program may be subject to a civil penalty not to exceed $2500 for each violation.
(4) For a non‐serious violation, a certified ONB program may be subject to a civil penalty of $800 for each violation.
(5) DELC may assess a separate civil penalty for each day for which DELC has made a valid finding that a certified ONB program is in violation of ORS 329A.250 to ORS 329A.450, these rules, or the terms and conditions of certification. DELC 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 DELC may be subject to a civil penalty not to exceed $1,500 per day of operation of the uncertified facility, as provided in OAR 414-075-0230.
(7) Notwithstanding DELC’s decision to impose or not to impose a civil penalty for one or more rule violations, DELC may take action at any time to deny, suspend or revoke a certification for the same rule violation or violations.
(8) A certified ONB program 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 DELC 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 certified ONB program certification.
Statutory/Other Authority
ORS329A.260, ORS 329A.346, ORS 329A.992 & ORS 329A.994
Statutes/Other Implemented
ORS 329A.346, ORS 329A.992 & ORS 329A.994
History
DELC 9-2026, amend filed 06/29/2026, effective 09/01/2026
DELC 2-2025, adopt filed 03/26/2025, effective 07/01/2025