Or. Admin. Code § 333-540-0080

Current through Register Vol. 63, No. 12, December 1, 2024

Section 333-540-0080 - Civil Penalties

(1) A caregiver registry that violates caregiver registry laws, including OAR 333-540-0065 (violations), is subject to the imposition of a civil penalty not to exceed $1,000 per violation and may not total more than $2,000.

(2) In determining the amount of a civil penalty, the Division shall consider whether:

(a) The Division made repeated attempts to obtain compliance;

(b) The licensee has a history of noncompliance with caregiver registry 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 Division 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.

Or. Admin. Code § 333-540-0080

PH 9-2010, f. 6-17-10, cert. ef. 7-1-10

Stat. Auth.: ORS 443.105

Stats. Implemented: ORS 443.045