Or. Admin. Code § 333-026-0030

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

Section 333-026-0030 - Civil Penalties for Violations of OAR Chapter 333, Divisions 18 and 19

(1) A civil penalty may be imposed against a person or entity for a violation of any provision in OAR chapter 333, division 18 or 19, including but not limited to:

(a) Failing to report a reportable disease in accordance with OAR chapter 333, division 18;

(b) Reporting to work in a communicable stage of any restrictable disease in violation of OAR 333-019-0010 or 333-019-0046;

(c) Permitting a child to attend school in violation of OAR 333-019-0010;

(d) Failing to immunize an animal against rabies in accordance with OAR 333-019-0017;

(e) Failing to license a dog in accordance with OAR 333-019-0019;

(f) Failing to euthanize an animal in accordance with OAR 333-019-0024 or 333-019-0027;

(g) Euthanizing an animal or destroying the head of a mammal that has bitten a person without authorization under OAR 333-019-0024 from the local public health authority; and

(h) Failing to confine an animal in accordance with OAR 333-019-0027.

(2) Prior to issuing a notice of imposition of civil penalty, the Oregon Health Authority or the local public health authority shall send a written warning letter advising the person or entity that they are not in compliance with a rule in OAR chapter 333, division 18 or 19 and that continued noncompliance may result in the issuance of a notice of imposition of civil penalty. A person or entity's assertion that they did not receive the warning letter is not a defense to a notice of imposition of civil penalty.

(3) Civil penalties shall be imposed as follows:

(a) First violation: $100;

(b) Second violation: $200;

(c) Third or subsequent violation: $500.

(4) Each day a person or entity is out of compliance with a provision of OAR chapter 333, division 18 or 19 will be considered a new violation.

(5) A civil penalty may not exceed $500 a day per violation.

(6) A notice of imposition of civil penalty shall comply with ORS 183.745.

Or. Admin. Code § 333-026-0030

PH 5-2010, f. & cert. ef. 3-11-10; PH 203-2022, minor correction filed 11/15/2022, effective 11/15/2022

Statutory/Other Authority: ORS 431A.010

Statutes/Other Implemented: ORS 431A.010 & 433.040