Section 329A.390 - Inspection; right to enter premises and to inspect records; investigation; rules(1) Whenever an authorized representative of the Department of Early Learning and Care is advised or has reason to believe that child care that is subject to regulation by the department is being provided without a certification, registration or record, the authorized representative may visit and conduct an investigation of the facility at any reasonable time to determine whether the facility is subject to the requirements of ORS 181A.200, 329A.030 and 329A.250 to 329A.450.(2) At any reasonable time, an authorized representative of the department may conduct an investigation of any certified or registered child care facility or program recorded under ORS 329A.255 to determine whether the child care facility or program is in conformity with 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.(3) An authorized representative of the department shall conduct an investigation of any certified or registered child care facility, of any program recorded under ORS 329A.255 or of any other child care facility that is subject to regulation by the department if the department receives a serious complaint about the child care facility or program.(4) Complaints, including but not limited to serious complaints, made by individuals or entities regarding certified or registered child care facilities, subsidized care facilities, preschool recorded programs or school-age recorded programs may be received and investigated by the department. The name, address and other identifying information about the individual or entity that made the complaint may not be disclosed, except within the department.(5) Any state agency that receives a complaint about a certified or registered child care facility, a subsidized care facility, a preschool recorded program or a school-age recorded program shall notify the department about the complaint and any subsequent action taken by the state agency based on that complaint.(6) A director or operator of a child care facility, a subsidized care facility, a preschool recorded program or a school-age recorded program shall permit an authorized representative of the department to inspect records of the facility or program and shall furnish promptly reports and information required by the department.(7) In conducting an investigation under this section, the department may:(b) Take the depositions of witnesses, including the person under investigation, in the manner prescribed by law for depositions in civil actions;(c) Compel the appearance of witnesses, including the person under investigation, in the manner prescribed by law for appearances in civil actions;(d) Require answers to interrogatories;(e) Compel the production of books, papers, accounts, documents or testimony that pertains to the matter under investigation;(g) Inspect the premises of the facility under investigation.(8) The department may share information regarding investigations or inspections conducted under this section with other public entities when the department determines that sharing the information would support the health or safety of children in child care.(9) The department shall make a reasonable attempt to identify any child care facility or person or place providing child care about which the department receives a complaint, including but not limited to a serious complaint, if the complaint includes, but is not limited to, any of the following information:(a) The name of a child in the care of the child care facility or person or place providing child care, or the child's parent;(b) The name of a child care provider, a child care facility owner, operator or employee, or a person or place providing child care;(c) The name of the child care facility or person or place providing child care;(d) The phone number of the child care facility or person or place providing child care; or(e) The physical address of the child care facility or person or place providing child care.(10) As used in this section: (a) "Serious complaint" has the meaning given that term by the Early Learning Council by rule.(b) "Serious complaint" includes notifications or reports of alleged child abuse received by the department.Amended by 2023 Ch. 594,§ 6, eff. 1/1/2024.Amended by 2023 Ch. 554, § 30, eff. 7/31/2023, op. 7/1/2023.Amended by 2022 Ch. 90, § 4, eff. 3/24/2022, op. 1/1/2023.Amended by 2019 Ch. 266, § 1, eff. 6/6/2019.Amended by 2019 Ch. 187, § 7, eff. 1/1/2020.Amended by 2017 Ch. 617, § 3, eff. 8/2/2017.Amended by 2015 Ch. 758, § 12, eff. 7/27/2015, op. 1/1/2016.