Or. Admin. Code § 603-015-0100

Current through Register Vol. 63, No. 10, October 1, 2024

Section 603-015-0100 - Enforcement Actions

(1) The Department may take the following enforcement actions against an animal rescue entity, either individually or in combination, and in any order whatsoever:

(a) Issue a notice of violation for any violations under OAR 603-015-0075 to OAR 603-015-0110. Each animal involved and each day of a violation constitutes a separate violation. A plan of correction will accompany a notice of violation. A plan of correction will include the following:

(A) A statement of the actions that must be taken by the animal rescue entity to eliminate the violation.

(B) Requirements for the animal rescue entity to report the completion of specific actions.

(C) A reasonable period of time by which compliance is to be achieved not to exceed 30 business days after service of the notice of violation, or if the violation requires more than 30 days to correct, a period of time contained in a plan of correction acceptable to the Department. If compliance is not achieved within the specified time frame, additional regulatory action may be taken by the Department including but not limited to license revocation, impoundment of animals, a civil penalty, or additional civil penalties.

(b) Refuse to issue or renew, suspend, or revoke an animal rescue entity's license.

(c) Issue an order impounding animals. A violation may result in impoundment of any or all animals kept, housed, or maintained under the animal rescue entity's legal custody. Impoundment costs incurred by the Department will be charged to the animal rescue entity. The location and manner of impoundment will be at the discretion of the Department.

(d) Issue a civil penalty for each violation.

(e) Take any other enforcement action allowed by law.

(2) The following orders are contested case orders: a notice of violation; a refusal to issue or renew, suspend, or revoke an animal rescue entity's license; and a notice of imposition of civil penalty. These orders shall comply with ORS 183.415 and other applicable provisions of the Oregon Administrative Procedures Act and its implementing regulations and any other Department laws or regulations relating to such orders. An animal rescue entity shall have the right to judicial review of such orders pursuant to ORS 183.482.

(3) An impoundment order is an order in other than contested case. An animal rescue entity shall have the right to judicial review of an impoundment order pursuant to ORS 183.484.

(4) At the discretion of the director, the Department may settle cases when circumstances deem it appropriate.

Or. Admin. Code § 603-015-0100

DOA 19-2020, adopt filed 12/01/2020, effective 12/1/2020; DOA 20-2023, amend filed 05/11/2023, effective 5/15/2023

Statutory/Other Authority: ORS 609.415, 561 & 596

Statutes/Other Implemented: ORS 609.415 & 609.420