Section 329A.300 - Issuance of certification; temporary certification; conditions on certification; department's duties under federal programs(1) Upon receipt of an application for a certification, accompanied by the required fee, the Department of Early Learning and Care shall issue a certification if the department finds that the child care facility and its operations are in compliance with the requirements of ORS 181A.200, 329A.030 and 329A.250 to 329A.450 and the rules promulgated pursuant to ORS 181A.195, 181A.200, 181A.215, 329A.030 and 329A.250 to 329A.450.(2) The department may issue a temporary certification, subject to reasonable terms and conditions, for a period not longer than 180 days to a child care facility that does not comply with the requirements and rules if the department finds that the health and safety of any child will not be endangered thereby. Not more than one temporary certification shall be issued for the same child care facility in any 12-month period.(3)(a) If the department determines that it is necessary to protect the health and safety of the children for whom a child care facility is to provide care, the department may impose a condition on the facility's certification that is reasonably designed to protect the health and safety of children. The department may impose a condition during the application process for an initial certification, during the application process for a renewal of a certification or at any time after the issuance of a certification.(b) Except as provided in paragraph (c) of this subsection, when the department imposes a condition on a child care facility's certification, the facility shall be afforded an opportunity for a hearing consistent with the provisions of ORS chapter 183.(c)(A) If the department finds a serious danger to the health and safety of the children receiving care at a child care facility, the department shall notify the facility of the specific reasons for the finding and may impose an emergency condition on the facility's certification without a hearing.(B) If the facility demands a hearing within 90 days after the department notifies the facility of the emergency condition, a hearing consistent with the provisions of ORS chapter 183 must be granted to the facility as soon as practicable after the demand and the agency shall issue an order consistent with the provisions of ORS chapter 183 confirming, altering or revoking the order imposing the emergency condition.(4) The department shall serve as the state agency authorized, upon request, to certify compliance with applicable federal child care standards or requirements by any facility providing child care in the state.Amended by 2023 Ch. 554, § 19, eff. 7/31/2023, op. 7/1/2023.Amended by 2019 Ch. 187, § 5, eff. 1/1/2020.Amended by 2018 Ch. 115, § 9, eff. 4/13/2018, op. 9/30/2018.Amended by 2015 Ch. 758, § 9, eff. 7/27/2015, op. 1/1/2016.