Or. Admin. Code § 333-064-0065

Current through Register Vol. 63, No. 11, November 1, 2024

Section 333-064-0065 - Civil Penalties

(1) In addition to any other penalty provided by law, the Oregon Health Authority, in collaboration with the accrediting body, may impose a civil penalty not to exceed $500 per day per violation upon any and all laboratories that:

(a) Falsely purport to be ORELAP accredited;

(b) Improperly use their ORELAP accreditation status in order to mislead; or

(c) Use the TNI\NELAP logo in catalogs, advertisements, business solicitations, proposals, quotations, laboratory reports and other materials without proper authorization.

(2) The Oregon Health Authority reserves the right to pursue other remedies and may take any other disciplinary action against alleged violators.

(3) In establishing the amount of the penalty for each violation, the Oregon Health Authority will consider, but not be limited to the following factors:

(a) The gravity and magnitude of the violation;

(b) The laboratory's previous record of complying or failing to comply with this rule.

(c) The laboratory's history in taking all feasible steps or in following all procedures necessary or appropriate to correct the violation; and,

(d) Such other considerations as the Oregon Health Authority may consider appropriate.

(4) The Oregon Health Authority in collaboration with the accrediting body may deny, suspend or revoke accreditation of any laboratory that fails to pay on demand a civil penalty that has become due and payable, provided that it first gives the laboratory an opportunity for a hearing as outlined in ORS chapter 183.

Or. Admin. Code § 333-064-0065

OHD 7-1999, f. & cert. ef. 10-26-99; OHD 16-2002, f. & cert. ef. 10-10-02; PH 13-2003(Temp), f. & cert. ef. 9-22-03 thru 3-20-04; PH 20-2003, f. 12-02-03, cert. ef. 12-08-03; PH 6-2011, f. & cert. ef. 8-9-11; PH 17-2016, f. & cert. ef. 6/7/2016; PH 33-2020, minor correction filed 05/07/2020, effective 5/7/2020; PH 85-2020, amend filed 12/23/2020, effective 1/1/2021; PH 45-2022, minor correction filed 04/26/2022, effective 4/26/2022

Statutory/Other Authority: ORS 448.280, 438.605, 438.610, 438.615, 438.620 & 475C.578

Statutes/Other Implemented: ORS 448.280, 438.605, 438.610, 438.615, 438.620 & 475C.578