The Office has adopted the following presumptive penalty schedule for the 1st, 2nd, and 3rd violation of safety and infection control laws and rules. This schedule applies, except at the discretion of the Office pursuant to ORS 676.992. For the 4th and subsequent offenses, the provisions of ORS 676.992 apply.

1. (1) Failing to have cleanable, non-absorbent surfaces on all equipment in all areas of a facility where services are performed is a violation of OAR 817-010-0101(1):

   1. (a) 1st offense: $300;
   2. (b) 2nd offense: $500;
   3. (c) 3rd offense: $1000.

2. (2) Failing to keep equipment in a facility, including upholstery fabrics, clean and in good repair is a violation of OAR 817-010-0101(3):

   1. (a) 1st offense: $300;
   2. (b) 2nd offense: $500;
   3. (c) 3rd offense: $1000.

3. (3) Failing to have cleanable, non-absorbent floor surfaces in good repair in the area(s) of a facility where services are performed is a violation of OAR 817-010-0106(1):

   1. (a) 1st offense: $300;
   2. (b) 2nd offense: $500;
   3. (c) 3rd offense: $1000

Statutory/Other Authority

ORS 690.167, ORS 676.612, ORS 676.992 & ORS 676.615

Statutes/Other Implemented

ORS 690.167, ORS 676.612, ORS 676.992 & ORS 676.615

History

BOC 5-2019, amend filed 12/18/2019, effective 01/01/2020
BOC 2-2011, f. & cert. ef. 5-5-11
BOC 1-2006, f. & cert. ef. 3-15-06
BOC 1-2004, f. 6-29-04, cert. ef. 7-1-04
BOC 1-2000, f. 5-12-00, cert. ef. 5-15-00
BH 1-1996, f. 5-31-96, cert. ef. 7-1-96, Renumbered from 817-090-0030
BH 3-1994, f. 6-23-94, cert. ef. 7-1-94
BH 2-1990, f. & cert. ef. 10-29-90
BH 1-1988, f. & cert. ef. 7-1-88
BH 1-1985, f. & ef. 3-28-85