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 meet the requirements of the Oregon Indoor Clean Air Act is a violation of OAR 817-010-0007 and may result in an emergency suspension of the facility license until the violation is corrected.
2. (2) Having frayed electrical wiring or overloading the electrical circuits in a facility is a violation of ORS 690.055(1)(c), and OAR 817-010-0007 and may result in an emergency suspension of the facility license until the violation is corrected.

3. (3) Having pets or other animals in facilities, other than service animals recognized by the American with Disabilities Act, fish in an aquarium is a violation of OAR 817-010-0095.

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

4. (4) Failing to wear eye goggles, shields or mask in performing services on a client where the likelihood of splattering is present is a violation of OAR 817-015-0030(1)(c):

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

5. (5) Failing to have a restroom available that is "reasonably accessible" for facility employees is a violation of OAR 817-010-0021(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 4-2024, minor correction filed 05/01/2024, effective 05/01/2024
BOC 5-2019, amend filed 12/18/2019, effective 01/01/2020
BOC 1-2014, f. 2-27-14, cert. ef. 3-1-14
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 1-2002, f. 5-31-02 cert. ef. 6-1-02
BBH 1-1998, f. 6-24-98, cert. ef. 6-30-98
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. & cert. ef. 3-28-85