justicedao/ipfs_state_laws huggingface dataset:
331-925-0020 Mobile Facility License (1) Mobile facility license, defined as a facility under ORS 690.350 means an authorization issued under 690.365 to operate a mobile place of business outside of or away from a permanent physical location within an approved enclosed transportable vehicle, such as recreational vehicles or trailers, which has the ability to transport the business operation to multiple locations in the State of Oregon during specific approved periods of time. (2) A mobile facility is limited to no more than 15 consecutive calendar days at one physical location. (3) A mobile facility must adhere to all standards within OAR chapter 331, division 925. (4) The holder of a mobile facility license must be a natural person. NOTE : a natural person is a living individual human being. The mobile facility license holder may be a facility owner, facility manager, or any other natural person. (5) A mobile facility license is not transferable; the license is not transferable from person-to-person. Requirements under OAR 331-925-0025 must be met. (6) A mobile facility license holder must comply with the following requirements: (a) Submit written notification on a form prescribed by the Office for each new physical location where services will be provided in a field of practice. The notification form must be received by the Office at least 24 hours before services are performed at the new physical location and may be submitted by regular United States Postal Service or by electronic mail or in person at the office; (b) Remain stationary while services in a field of practice are performed; (c) Provide each client, verbally and in writing; the mobile facility name, mobile facility license number, license number and name of the person providing service, permanent address on file with the Office and telephone number; and (d) Display the mobile facility name on file with the Office on the outside of the mobile facility which is easily visible from the street. Statutory/Other Authority: 676.615 Statutes/Other Implemented: 690.365 History: HLO 1-2018, amend filed 01/04/2018, effective 01/04/2018 HLA 1-2013, f. & cert. ef. 1-16-13 HLA 10-2012, f. & cert. ef. 6-25-12 HLA 3-2012(Temp), f. & cert. ef. 3-1-12 thru 6-25-12 HLA 16-2011, f. 12-30-11, cert. ef. 1-1-12
331-925-0025 Application Requirements for Mobile Facility License To be issued a mobile facility license, the applicant must: (1) Meet the requirements of OAR 331 division 30; (2) Submit a completed application form prescribed by the Office, which must contain the information listed in OAR 331-030-0000 and be accompanied by payment of the required fees; (3) Submit proof of being at least 18 years of age; documentation may include identification listed under OAR 331-030-0000; (4) Provide a map or directions to the facility if it is located in a rural or isolated area; (5) Provide a list of licensees providing services in the facility; (6) Provide proof of a current registration as required by Secretary of State, Corporations Division pursuant to ORS 648.007; and (7) Hold a current Assumed Business Name (ABN) filing if applicant is operating under an assumed business name prior to applying for a facility license. NOTE : ABN is not required if business includes the real and true name of each owner. Refer to Secretary of State, Corporations Division under ORS 648.005 through 648.990. Statutory/Other Authority: 676.615 & 690.365 Statutes/Other Implemented: 690.365 History: HLO 1-2018, amend filed 01/04/2018, effective 01/04/2018 HLA 1-2013, f. & cert. ef. 1-16-13 HLA 10-2012, f. & cert. ef. 6-25-12 HLA 3-2012(Temp), f. & cert. ef. 3-1-12 thru 6-25-12 HLA 16-2011, f. 12-30-11, cert. ef. 1-1-12
331-925-0030 Event Facility License (1) Event facility license defined as a facility under ORS 690.350 means an authorization issued under 690.365 to operate a facility on a irregular basis outside and away from a permanent physical location for specific approved period of time not to exceed 15 consecutive calendar days, for convention, educational, demonstration and exhibition purposes. (2) An event facility is comprised of individual booths where services in a field of practice are provided. (3) A representative of the event facility must be available at all times when services are being provided. (4) An event facility must be inspected by the Office before services are provided in a field of practice. (5) An event facility must adhere to all standards within OAR chapter 331, division 925. (6) Event facility owners must provide a hot and cold running water station for every 10 licensed individuals in a field of practice. (7) The holder of an event facility license must be a natural person. NOTE : a natural person is a living individual human being. The event facility license holder may be an event facility owner, event facility manager, or any other natural person. (8) An event facility license is not transferable; the license is not transferable from person-to-person. Requirements under OAR 331-925-0035 must be met. (9) For the purpose of this rule a “booth” is 10 feet by 10 feet or 100 square feet of floor space and limited to two licensees. Statutory/Other Authority: 676.615 & 690.365 Statutes/Other Implemented: 690.365 History: HLO 1-2018, amend filed 01/04/2018, effective 01/04/2018 HLA 1-2013, f. & cert. ef. 1-16-13 HLA 10-2012, f. & cert. ef. 6-25-12 HLA 3-2012(Temp), f. & cert. ef. 3-1-12 thru 6-25-12 HLA 16-2011, f. 12-30-11, cert. ef. 1-1-12
331-925-0035 Application Requirements for an Event Facility License To be issued an event facility license the applicant must: (1) Meet the requirements of OAR 331 division 30; (2) Submit completed application form prescribed by the Office and pay required application fees, which must be received by the Office 30 days before the start of the event; (3) Submit documentation showing proof of being at least 18 years of age; documentation may include identification listed under OAR 331-030-0000; (4) Provide a map or directions to the facility if it is located in a rural or isolated area; (5) Provide proof of a current registration as required by Secretary of State, Corporations Division pursuant to ORS 648.007; (6) Hold a current Assumed Business Name (ABN) filing if applicant is operating under an assumed business name prior to applying for a facility license; and (7) Pay all licensing fees. NOTE : ABN is not required if business includes the real and true name of each owner. Refer to Secretary of State, Corporations Division under ORS 648.005 through 648.990. Statutory/Other Authority: 676.615 & 690.365 Statutes/Other Implemented: 690.365 History: HLO 1-2018, amend filed 01/04/2018, effective 01/04/2018 HLA 1-2013, f. & cert. ef. 1-16-13 HLA 10-2012, f. & cert. ef. 6-25-12 HLA 3-2012(Temp), f. & cert. ef. 3-1-12 thru 6-25-12 HLA 16-2011, f. 12-30-11, cert. ef. 1-1-12
331-925-0040 Renewal of a Facility or Mobile Facility License (1) A licensee is subject to the provisions of OAR chapter 331, division 30 regarding the renewal of a license and provisions regarding authorization to practice, identification, and requirements for issuance of a duplicate license. (2) Renewal of a facility license issued under OAR 331-925-0005 or 331-925-0025 this rule is valid for one year. (3) LICENSE RENEWAL: To avoid delinquency penalties, a facility or mobile facility license renewal must be made prior to the license entering inactive status. The licensee must submit the following: (a) Renewal application form; and (b) Payment of required renewal fee pursuant to 331-940-0000. (4) INACTIVE LICENSE RENEWAL: A facility or mobile facility license may be inactive for up to three years. A licensee who is inactive is not authorized to practice. When renewing after entering inactive status, the licensee holder must submit the following: (a) Renewal application form; and (b) Payment of delinquency and license fees pursuant to OAR 331-940-0000. (5) EXPIRED LICENSE: A facility or mobile facility license that has been inactive for more than three years is expired and the license holder must reapply and meet the requirements listed in 331-925-0005 or 331-925-0025. (6) If a facility changes ownership, the new owner must apply for a new facility license. Statutory/Other Authority: 676.615, 690.365 & 690.385 Statutes/Other Implemented: 690.365 & 690.385 History: HLO 1-2018, amend filed 01/04/2018, effective 01/04/2018 HLA 1-2013, f. & cert. ef. 1-16-13 HLA 10-2012, f. & cert. ef. 6-25-12 HLA 3-2012(Temp), f. & cert. ef. 3-1-12 thru 6-25-12 HLA 16-2011, f. 12-30-11, cert. ef. 1-1-12
331-925-0045 Posting Requirements Licensees are subject to the requirements of OAR 331-030-0020. (1) All facility licenses must be posted in public view. (2) All facility license holders must post the most recent inspection certificate in public view on the facility premises. (3) Each booth within an event facility must post the inspection certificate in public view within the booth. (4) A licensee in a field of practice performing services in any facility must post a current active license or duplicate in public view. A licensee in a field of practice may temporarily conceal the address printed on the license document with a covering that is removable. (5) A licensee in a field of practice may obtain up to a maximum of three duplicate licenses if the licensee provides services in multiple locations. Statutory/Other Authority: 676.615 & 690.380 Statutes/Other Implemented: 690.380 History: HLO 1-2018, amend filed 01/04/2018, effective 01/04/2018 HLA 10-2012, f. & cert. ef. 6-25-12 HLA 16-2011, f. 12-30-11, cert. ef. 1-1-12
331-925-0055 Standards for Facilities Located in Residence A facility located in a residence must comply with all standards listed in OAR chapter 331, division 925 in addition to the following criteria, unless otherwise specified by rule: (1) Have an identifying house number or a sign, which is easily visible from the street and indicates the location of the facility; (2) Be equipped with the structures, accommodations, and equipment which the Office requires for all facilities; and (3) The living area of the home must be separated from the facility by solid walls extending from floor to ceiling with any connecting doors kept closed while the facility is in actual operation. Statutory/Other Authority: 676.615 & 690.365 Statutes/Other Implemented: 690.365 History: HLO 1-2018, amend filed 01/04/2018, effective 01/04/2018 HLA 10-2012, f. & cert. ef. 6-25-12 HLA 3-2012(Temp), f. & cert. ef. 3-1-12 thru 6-25-12
331-940-0000 Fees (1) Applicants and licensees are subject to the provisions of OAR 331-010-0010 and 331-010-0020 regarding the payment of fees, penalties and charges. (2) Fees established by the Office are as follows: (a) Application: (A) Standard Body Piercing — $50. (B) Specialty Body Piercing Level 1 — $50. (C) Specialty Body Piercing Level 2 Genital— $50. (D) Electrology — $50. (E) Tattoo — $50. (F) Reciprocity Per Field of Practice — $150. (G) Facility — $100. (H) Mobile Facility — $100. (I) Event Facility — $100. (J) Temporary Facility License — $100. (K) Temporary Practitioner Per Field of Practice — $50. (L) Standard Body Piercing Trainee — $50. (M) Ear Lobe Piercing— $25. (b) Examination: (A) Written — $50. (B) Practical — $100. (c) Original Issuance of License: (A) Standard Body Piercing Trainee — $50. (B) Standard Body Piercing — $50. (C) Specialty Body Piercing Level 1 — $50. (D) Specialty Body Piercing Level 2 Genital— $50. (E) Electrology — $25. (F) Tattoo — $50. (G) License for a Field of Practice by Reciprocity — $50. (H) Facility — $150. (I) Mobile Facility — $150. (J) Event Facility: (i) Up to 100 booths: $725. (ii) 101 to 200 booths: $1,450. (iii) 201 to 300 booths: $2,175. (iv) 301 to 400 booths: $2,900. (v) 401 to 500 booths: $3,625. (K) Temporary Practitioner Per Field of Practice — $20. (L) Temporary Facility — $50. (M) Earlobe Piercing— $25. (d) Renewal of License Online: (A) Standard Body Piercing — $45. (B) Electrology — $20. (C) Tattoo — $45. (D) Earlobe — $20. (E) Body Art Facility — $125. (F) Mobile Facility License — $125. (e) Renewal of License Over-the-Counter or Through the Mail: (A) Standard Body Piercing Trainee — $50. (B) Standard Body Piercing — $50. (C) Specialty Body Piercing Level 1 — $50. (D) Specialty Body Piercing Level 2 Genital— $50. (E) Electrology — $25. (F) Tattoo — $50. (G) Earlobe — $25. (H) Temporary Practitioner Per Field of Practice — $20. (I) Body Art Facility — $150. (J) Mobile Facility License — $150. (f) Other administrative fees: (A) Delinquency — $50 per year, up to three years. (B) Replacement License — $25. (C) Duplicate License — $25 per copy with maximum of three. (D) Affidavit of Licensure — $50. (E) Information Packets — $10. (F) Administrative Processing Fee — $25. Statutory/Other Authority: 676.615 & 676.560 Statutes/Other Implemented: 676.560 History: HLO 59-2018, minor correction filed 02/07/2018, effective 02/07/2018 HLO 1-2018, amend filed 01/04/2018, effective 01/04/2018 HLA 15-2013, f. 12-30-13, cert. ef. 1-1-14 HLA 12-2013, f. 7-3-13 & cert. ef. 7-9-13 HLA 8-2013(Temp), f. 6-7-13, cert. ef. 7-1-13 thru 7-8-13 HLA 11-2012, f. & cert. ef. 7-25-12 HLA 4-2012(Temp), f. & cert. ef. 3-5-12 thru 9-1-12 HLA 16-2011, f. 12-30-11, cert. ef. 1-1-12
331-950-0010 Schedule of Civil Penalties for Facility License Violations The Office has adopted the following presumptive penalty schedule for the 1st, 2nd, and 3rd violation of facility license laws and rules. This schedule applies, except at the discretion of the Office pursuant to OAR 331-020-0060. For the 4th and subsequent offenses, the provisions of OAR 331-020-0060 apply. (1) Operating or purporting to operate a facility without a valid facility license is a violation of ORS 690.360(d): (a) Never licensed: (A) 1st offense: $500; (B) 2nd offense: $1,000; (C) 3rd offense: $2,500. (b) Inactive or expired license: (A) 1st offense: $200; (B) 2nd offense: $500; (C) 3rd offense: $1,000. (c) License or Authorization, Suspended or Revoked: (A) 1st offense: $2,500; (B) 2nd offense: $5,000; (C) 3rd offense: Monetary penalty and any other actions allowed by law including revocation of suspended authorization to practice and refusal to issue a new authorization to practice to a revoked authorization holder. (2) Allowing an employee or individual unlicensed, inactive, suspended, expired or with a revoked license to practice in a field of practice is a violation of ORS 690.360(f) or OAR 331-925-0050(1)(a). (a) Allowing and unlicensed or revoked license: (A) 1st offense: $1,000; (B) 2nd offense: $2,500; (C) 3rd offense: Monetary penalty and any other actions allowed by law including revocation of suspended authorization to practice and refusal to issue a new authorization to practice to a revoked authorization holder. (b) Allowing an employee or individual with inactive, suspended, or expired license: (A) 1st offense: $200; (B) 2nd offense: $500; (C) 3rd offense: $1,000. (3) Failing to allow an Office enforcement officer to inspect the facility when it is open for business is a violation of OAR 331-925-0050(1)(c) and will result in monetary penalties and any other actions allowed by law. (a) 1st offense: $1,500; (b) 2nd offense: $2,500; (c) 3rd offense: $5,000. (4) Operating or purporting to operate an event facility without first obtaining a current valid event facility permit is a violation of ORS 690.360(d) $5,000 per violation. (5) Failing to meet the specifications and standards required under OAR 331-925-0005(3) in a facility may result in an emergency suspension of the facility license until the violation is corrected. Statutory/Other Authority: 676.615 & 676.560 Statutes/Other Implemented: 676.560 History: HLO 60-2018, minor correction filed 02/07/2018, effective 02/07/2018 HLO 1-2018, amend filed 01/04/2018, effective 01/04/2018 HLA 1-2013, f. & cert. ef. 1-16-13 HLA 10-2012, f. & cert. ef. 6-25-12 HLA 16-2011, f. 12-30-11, cert. ef. 1-1-12
331-950-0020 Schedule of Penalties for Practitioner Violations The Office has adopted the following presumptive penalty schedule for the 1st, 2nd, and 3rd violation of practitioner licensing laws and rules. This schedule applies, except at the discretion of the Office pursuant to OAR 331-020-0060. For the 4th and subsequent offenses, the provisions of OAR 331-020-0060 apply. (1) Performing, attempting to perform, or purporting to perform services in a field of practice without a license to perform services in that field of practice of ORS 690.360(1)(a) or (c). (a) License or authorization never held: (A) 1st offense: $2,500; (B) 2nd offense: $5,000; (C) 3rd offense: Monetary penalty or any other actions allowed by law including refusal to issue a new authorization to practice. (b) License or authorization inactive or expired: (A) 1st offense: $200; (B) 2nd offense: $500; (C) 3rd offense: $1,000. (c) License or authorization suspended or revoked: (A) 1st offense: $2,500; (B) 2nd offense: $5,000; (C) 3rd offense: Monetary penalty or any other actions allowed by law including revocation of suspended authorization to practice and refusal to issue a new authorization to practice to a revoked authorization holder. (2) Performing or attempting to perform services in a field of practice outside a licensed facility is a violation of ORS 690.360(1)(b) (a) 1st offense: $500; (b) 2nd offense: $1,000; (c) 3rd offense: $2,500. (3) A body piercing trainee license holder performing body piercing when not under the direct supervision of their supervisor is a violation of OAR 331-900-0020 for standard body piercing; or OAR 331-905-0011 or 331-905-0013 for specialty body piercing: (a) 1st offense: $500; (b) 2nd offense: $1,000; (c) 3rd offense: $2,500. (4) Failing, as a supervisor, to provide supervision to their trainee in accordance with OAR 331-900-0050 for standard body piercing; OAR 331-905-0052 for specialty level one body piercing, OAR 331-905-0058 for specialty level two body piercing in addition to any other disciplinary actions, an approved supervisor’s authorization to supervise may be withdrawn by the Office: (a) 1st offense: $500; (b) 2nd offense: $1,000; (c) 3rd offense: $2,500. Statutory/Other Authority: 676.615 & 676.560 Statutes/Other Implemented: 676.560 History: HLO 61-2018, minor correction filed 02/07/2018, effective 02/07/2018 HLO 1-2018, amend filed 01/04/2018, effective 01/04/2018 HLA 1-2013, f. & cert. ef. 1-16-13 HLA 10-2012, f. & cert. ef. 6-25-12 HLA 16-2011, f. 12-30-11, cert. ef. 1-1-12
331-950-0030 Schedule of Penalties for License Violations The Office has adopted the following presumptive penalty schedule for the 1st, 2nd, and 3rd violation of license laws and rules. This schedule applies, except at the discretion of the Office pursuant to OAR 331-020-0060. For the 4th and subsequent offenses, the provisions of OAR 331-020-0060 apply. (1) Altering with fraudulent intent or fraudulent use of a license or authorization issued by the Office is a violation of ORS 690.360(1)(i) or ORS 690.360(1)(j): (a) 1st offense: $1,500; (b) 2nd offense: $3,500; (c) 3rd offense: $5,000. (2) Failing to post a valid license or authorization issued by the Office or the most recent inspection certificate in public view is a violation of OAR 331-925-0045 (a) 1st offense: $100 (b) 2nd offense: $200 (c) 3rd offense: $500 Statutory/Other Authority: 676.615 & 676.560 Statutes/Other Implemented: 676.560 History: HLO 62-2018, minor correction filed 02/07/2018, effective 02/07/2018 HLO 1-2018, amend filed 01/04/2018, effective 01/04/2018 HLA 10-2012, f. & cert. ef. 6-25-12 HLA 16-2011, f. 12-30-11, cert. ef. 1-1-12
331-950-0050 Schedule of Penalties for Body Piercing Standards and Prohibited Services The Office has adopted the following presumptive penalty schedule for the 1st, 2nd, and 3rd violation of Body Piercing Standards and Prohibited Services laws and rules. This schedule applies, except at the discretion of the Office pursuant to OAR 331-020-0060. For the 4th and subsequent offenses, the provisions of OAR 331-020-0060 apply. (1) Violation of an Earlobe Piercing Standard by is a violation of OAR 331-900-0095: (a) 1st offense: $500; (b) 2nd offense: $1,000; (c) 3rd offense: $2,500. (2) Providing a piercing service that is prohibited is a violation of OAR 331-900-0100 or OAR 331-905-0090 for specialty body piercing: (a) 1st offense: $1,000; (b) 2nd offense: $2,500; (c) 3rd offense: Monetary penalty and any other actions allowed by law including revocation of suspended authorization to practice and refusal to issue a new authorization to practice to a revoked authorization holder. (3) Performing, attempting to perform, or purporting to perform a piercing service that is prohibited under OAR 331-900-0100 for standard body piercing or OAR 331-905-0090 for specialty body piercing: or a piercing service listed as a specialty level one or specialty level two genital piercing without a specialty level one body piercing license or specialty level two genital piercing license which is a violation of ORS 690.360(1)(a) or (c): (a) 1st offense: $2,500; (b) 2nd offense: $5,000; (c) 3rd offense: Monetary penalty or any other actions allowed by law including refusal to issue a new authorization to practice. (4) Violation of an initial jewelry piercing standard is a violation of OAR 331-900-0105 for standard body piercing or OAR 331-905-0120 for specialty body piercing: (a) 1st offense: $500; (b) 2nd offense: $1,000; (c) 3rd offense: $2,500. Statutory/Other Authority: 676.615 & 676.560 Statutes/Other Implemented: 676.560 History: HLO 64-2018, minor correction filed 02/07/2018, effective 02/07/2018 HLO 1-2018, amend filed 01/04/2018, effective 01/04/2018 HLA 10-2012, f. & cert. ef. 6-25-12 HLA 16-2011, f. 12-30-11, cert. ef. 1-1-12
331-950-0060 Schedule of Civil Penalties for Electrologists The Office has adopted the following presumptive penalty schedule for the 1st, 2nd, and 3rd violation of Electrologist Practice Restrictions laws and rules. This schedule applies, except at the discretion of the Office pursuant to OAR 331-020-0060. For the 4th and subsequent offenses, the provisions of OAR 331-020-0060 apply. (1) Performing a prohibited service is a violation of OAR 331-910-0065 excluding (4): (a) 1st offense: $1,000; (b) 2nd offense: $2,500; (c) 3rd offense: Monetary penalty and any other actions allowed by law including revocation of suspended authorization to practice and refusal to issue a new authorization to practice to a revoked authorization holder. (2) Failing to adhere to towels or linens requirements listed in OAR 331-910-0065(4): (a) 1st offense: $300; (b) 2nd offense: $500; (c) 3rd offense: $1,000. Statutory/Other Authority: 676.615 & 676.560 Statutes/Other Implemented: 676.560 History: HLO 65-2018, minor correction filed 02/07/2018, effective 02/07/2018 HLO 1-2018, amend filed 01/04/2018, effective 01/04/2018 HLA 10-2012, f. & cert. ef. 6-25-12 HLA 16-2011, f. 12-30-11, cert. ef. 1-1-12
331-950-0070 Schedule of Civil Penalties for Tattoo Practice Standards and Prohibitions The Office has adopted the following presumptive penalty schedule for the 1st, 2nd and 3rd violation of Tattoo Practice Standards and Prohibitions laws and rules. This schedule applies except at the discretion of the Office pursuant to OAR 331-020-0060. For the 4th and subsequent offenses, the provisions of OAR 331-020-0060 apply. (1) Violation of a Tattoo Practice Standards as listed in OAR 331-915-0065(1), (2), or (3): (a) 1st offense: $500; (b) 2nd offense: $1,000; (c) 3rd offense: $2,500. (2) Performing a prohibited service is a violation of OAR 331-915-0065(5): (a) 1st offense: $1,000; (b) 2nd offense: $2,500; (c) 3rd offense: Monetary penalty and any other actions allowed by law including revocation of suspended authorization to practice and refusal to issue a new authorization to practice to a revoked authorization holder. Statutory/Other Authority: 676.615 & 676.560 Statutes/Other Implemented: 676.560 History: HLO 66-2018, minor correction filed 02/07/2018, effective 02/07/2018 HLO 1-2018, amend filed 01/04/2018, effective 01/04/2018 HLA 10-2012, f. & cert. ef. 6-25-12 HLA 16-2011, f. 12-30-11, cert. ef. 1-1-12