reglab/housing_qa huggingface dataset:
OR Rev Stat § 329A.344 (2021)
2021 Oregon Revised Statutes|Volume : 09 - Education and Culture|Chapter 329A - Child Care|Section 329A.344 - Cease and desist order.

(1) If the Office of Child Care has reason to believe that an individual or a child care facility has engaged, is engaging or is about to engage in a violation of ORS 181A.200 or 329A.030 and 329A.250 to 329A.450 or the rules promulgated pursuant to ORS 181A.195, 181A.200, 181A.215 or 329A.030 and 329A.250 to 329A.450, the office may, subject to ORS chapter 183, issue an order directing the individual or facility to cease and desist from the violation or threatened violation. (2) A cease and desist order issued under subsection (1) of this section shall include: (a) A statement of the facts constituting the violation; (b) A requirement that the individual or child care facility named in the order cease and desist from the violation; (c) The effective date of the order; and (d) A notice to the individual or facility named in the order of the right to a contested case hearing under ORS chapter 183. (3) A cease and desist order issued under subsection (1) of this section becomes effective 21 days after service of the order unless the individual or child care facility named in the order requests a hearing on the order. (4)(a) If an individual or a child care facility makes a timely demand for a hearing on the order, the office shall hold a hearing as provided by ORS chapter 183. (b) After the hearing, the office shall enter a final order vacating, modifying or affirming the order. (5) An individual or a child care facility is entitled to judicial review of an order by the office under ORS chapter 183 if the individual or facility made a timely demand for a hearing. (6) A judgment of a reviewing court under ORS chapter 183 does not bar the office from vacating or modifying an order involved in the proceeding for review, or entering a new order, for a proper cause that was not decided by the reviewing court. [2018 c.115 §7]
OR Rev Stat § 329A.346 (2021)
2021 Oregon Revised Statutes|Volume : 09 - Education and Culture|Chapter 329A - Child Care|Section 329A.346 - Progressive enforcement system; rules.

(1) The Office of Child Care may develop a progressive enforcement system for the rules promulgated pursuant to ORS 329A.030 and 329A.250 to 329A.450. (2) The enforcement system developed under this section may establish: (a) A set of progressively higher enforcement actions that the office may take in response to an individual’s or a child care facility’s violation of the rules described in subsection (1) of this section; and (b) Standards for monitoring the compliance of individuals and child care facilities with the rules described in subsection (1) of this section. [2018 c.115 §8]
OR Rev Stat § 329A.348 (2021)
2021 Oregon Revised Statutes|Volume : 09 - Education and Culture|Chapter 329A - Child Care|Section 329A.348 - Interference with disclosure of information.

(1) A child care facility may not interfere with the good faith disclosure of information by an employee or volunteer concerning the abuse or mistreatment of a child in the child care facility, violations of licensing or certification requirements, criminal activity at the facility, violations of state or federal laws or any practice that threatens the health and safety of a child in the child care facility to: (a) The Office of Child Care, a law enforcement agency or other entity with legal or regulatory authority over the child care facility; or (b) The child’s parent, legal guardian or personal representative as defined in ORS 192.556. (2) A child care facility interferes with the disclosure of the information described in subsection (1) of this section by: (a) Asking or requiring the employee or volunteer to sign a nondisclosure or similar agreement prohibiting the employee or volunteer from disclosing the information; (b) Training an employee or volunteer not to disclose the information; or (c) Taking actions or communicating to the employee or volunteer that the employee or volunteer may not disclose the information. (3) The office may revoke or suspend the certification of a child care facility that is found to have violated subsection (1) of this section. (4) The disclosure of information to a child’s parent, legal guardian or personal representative under subsection (1) of this section does not relieve the employee or volunteer of any obligation to report the abuse of a child. (5) This section does not authorize the disclosure of protected health information, as defined in ORS 192.556, other than as is permitted by the federal Health Insurance Portability and Accountability Act privacy regulations, 45 C.F.R. parts 160 and 164, ORS 192.553 to 192.581 or by other state or federal laws limiting the disclosure of health information. [2019 c.381 §8]
OR Rev Stat § 329A.350 (2021)
2021 Oregon Revised Statutes|Volume : 09 - Education and Culture|Chapter 329A - Child Care|Section 329A.350 - Denial, revocation or suspension of certification or registration.

An initial application from a child care facility for certification or registration or a renewal application from a child care facility for certification or registration may be denied, or a temporary or regular certification or regular registration may be revoked or suspended, if the Office of Child Care finds: (1) That the facility or its operation does not comply with ORS 181A.200, 329A.030 and 329A.250 to 329A.450 or with applicable rules or with any term or condition imposed under the certification or registration; or (2) That visitation, on-site review or inspection of a facility or its records authorized by ORS 329A.390 or 329A.400 has not been permitted. [Formerly 657A.350]
OR Rev Stat § 329A.360 (2021)
2021 Oregon Revised Statutes|Volume : 09 - Education and Culture|Chapter 329A - Child Care|Section 329A.360 - Notice; hearing; decision; judicial review.

(1) Upon deciding to deny, revoke, suspend, impose a condition on or not renew a certification or registration, the Office of Child Care shall give notice and opportunity for hearing as provided in ORS chapter 183. (2) The Office of Child Care shall make the final decision and notice thereof shall be sent by certified mail to the address of the child care facility as shown on the records of the office. The decision of the office is reviewable by the Court of Appeals in the manner provided in ORS 183.480 for the review of orders in contested cases. [Formerly 657A.360; 2018 c.115 §11]
OR Rev Stat § 329A.370 (2021)
2021 Oregon Revised Statutes|Volume : 09 - Education and Culture|Chapter 329A - Child Care|Section 329A.370 - Injunction.

(1) Without the necessity of prior administrative proceedings or hearing and entry of an order or at any time during such proceedings if they have been commenced, the Office of Child Care, the Attorney General or the prosecuting attorney of any county may institute proceedings to enjoin the operation of any child care facility operating in violation of ORS 181A.200, 329A.030 and 329A.250 to 329A.450 or the rules promulgated pursuant to ORS 181A.195, 181A.200, 181A.215, 329A.030 and 329A.250 to 329A.450. (2) An injunction may be issued under this section without proof that a person has sustained actual damage as a result of a child care facility’s actions. [Formerly 657A.370; 2015 c.758 §11; 2018 c.115 §12]
OR Rev Stat § 329A.400 (2021)
2021 Oregon Revised Statutes|Volume : 09 - Education and Culture|Chapter 329A - Child Care|Section 329A.400 - Duties of Oregon Health Authority; inspection.

(1) An authorized representative of the Oregon Health Authority may inspect the premises of a child care facility certified under ORS 329A.280 to determine whether the facility is in conformity with applicable laws and regulations relating to health and sanitation. (2) An authorized representative of the authority shall inspect any child care facility when requested to do so by the Office of Child Care in accordance with arrangements under ORS 329A.420 and shall submit written findings to the Office of Child Care. The Office of Child Care shall not issue or renew any certification for any child care facility for which an inspection by the authority has been requested unless an authorized representative of the authority submits a written finding that the facility is in compliance with applicable laws and regulations relating to health and sanitation. (3) An environmental health specialist’s inspection may be performed by a private consultant so long as the consultant is registered under ORS chapter 700. [Formerly 657A.400]
OR Rev Stat § 329A.410 (2021)
2021 Oregon Revised Statutes|Volume : 09 - Education and Culture|Chapter 329A - Child Care|Section 329A.410 - When search warrant required; procedure.

(1) In the event that any authorized representative of the Office of Child Care, Oregon Health Authority or other agency is denied access to any premises for the purpose of making an inspection in the administration of ORS 181A.200, 329A.030 and 329A.250 to 329A.450, the representative shall not inspect the premises without a search warrant. (2) Application for a search warrant to inspect the premises shall be made to any magistrate authorized to issue a warrant of arrest. The application must be supported by an affidavit filed with the magistrate showing probable cause for the inspection by stating the purpose and extent of the proposed inspection, the statutes and rules which provide the basis for inspection, whether it is a routine or periodic inspection, an on-site review or an investigation instituted by complaint and other specific or general information concerning the premises. (3) If the magistrate is satisfied that there is probable cause to believe that the grounds of the application exist, the magistrate shall issue the search warrant specifying the purpose and extent of the inspection, on-site review or investigation of the premises covered by the warrant. [Formerly 657A.410]
OR Rev Stat § 329A.420 (2021)
2021 Oregon Revised Statutes|Volume : 09 - Education and Culture|Chapter 329A - Child Care|Section 329A.420 - Cooperative agreements to inspect premises.

The Office of Child Care may enter into cooperative arrangements with the Oregon Health Authority, the State Fire Marshal and other public agencies for the provision of services in the inspection of child care facilities in the administration of ORS 181A.200, 329A.030 and 329A.250 to 329A.450. The arrangements shall designate which services shall be reimbursed and the rate and manner of reimbursement. [Formerly 657A.420]
OR Rev Stat § 329A.440 (2021)
2021 Oregon Revised Statutes|Volume : 09 - Education and Culture|Chapter 329A - Child Care|Section 329A.440 - Application of land use regulations to family child care homes.

(1) As used in this section: (a) "Child care center" means a child care facility, other than a family child care home, that is certified under ORS 329A.280 (3). (b) "Family child care home" means a child care facility in a dwelling that is caring for not more than 16 children and is certified under ORS 329A.280 (2) or is registered under ORS 329A.330. (c) "Land use regulation" and "local government" have the meanings given those terms in ORS 197.015. (2)(a) A family child care home is considered a residential use of property for zoning purposes. A family child care home is a permitted use in all areas zoned for residential or commercial purposes, including areas zoned for single-family dwellings. (b) A local government may not enact or enforce a land use regulation prohibiting the use of a residential dwelling, located in an area zoned for residential or commercial use, as a family child care home. (c) A local government may not impose land use regulations, special fees or conditions on the establishment or maintenance of a family child care home more restrictive than those imposed on other residential dwellings in the same zone. (3) Notwithstanding subsection (2)(c) of this section, a county may impose reasonable conditions on the establishment of a family child care home in an area zoned for farm use. (4)(a) A child care center is a permitted use in all areas zoned for commercial or industrial use, except areas specifically designated by the local government for heavy industrial use. (b) A local government may not impose land use regulations, special fees or conditions on the establishment or maintenance of a child care center in an area zoned for commercial or industrial use that are more restrictive than those imposed for other uses in the same zone. (5) Notwithstanding subsection (4) of this section, a local government may impose reasonable conditions upon the establishment or maintenance of a child care center in an area zoned for industrial uses. (6) As used in this section, "reasonable conditions" includes, but is not limited to, siting restrictions for properties designated on the Department of Environmental Quality’s statewide list of contaminated properties as having known or suspected releases of hazardous substances. [Formerly 657A.440; 2021 c.369 §1]
OR Rev Stat § 329A.450 (2021)
2021 Oregon Revised Statutes|Volume : 09 - Education and Culture|Chapter 329A - Child Care|Section 329A.450 - Assistance to staff of facility.

The Office of Child Care may consult with, advise or train the staffs of child care facilities or other interested persons concerning child care programs. [Formerly 657A.450]
OR Rev Stat § 329A.460 (2021)
2021 Oregon Revised Statutes|Volume : 09 - Education and Culture|Chapter 329A - Child Care|Section 329A.460 - Separate sleeping quarters not required for certain persons providing child care or babysitting services; exemption from age group segregation requirements.

Notwithstanding any other provision of law, children of any person providing babysitting or child care services within the person’s own home shall not be required to sleep in any area other than their normal sleeping quarters. Such children related by blood within the first degree of consanguinity shall not be segregated by age grouping while in the care of a person providing babysitting or child care services if the parents request exemption from the operation of any statute or rule requiring such segregation or separation by age. [Formerly 657A.460]
OR Rev Stat § 329A.490 (2021)
2021 Oregon Revised Statutes|Volume : 09 - Education and Culture|Chapter 329A - Child Care|Section 329A.490 - Child care provider training program; fees; rules.

If the Department of Education is able to find adequate funding under ORS 329A.493, the department, in partnership with organizations including, but not limited to, the Institute on Violence and Destructive Behavior at the University of Oregon, the Early Learning Council, the Youth Development Division and the Oregon Center for Career Development in Childhood Care and Education: (1) Shall establish, in coordination with existing training systems, a statewide child care provider training program that will educate child care providers on: (a) The importance of healthy brain development in the first three years of a child’s life. (b) The identification of risk factors and behaviors that indicate that a child: (A) Needs special education or mental health treatment; or (B) Is at risk of becoming involved in the criminal justice system. (c) Appropriate referrals for intervention for the behaviors identified under paragraph (b) of this subsection. (2) Shall establish an application process for child care providers who wish to attend the program and may charge child care providers a fee for attending the program. (3) May adopt any rules necessary to implement this section. [Formerly 657A.490] Note: 329A.490 is repealed January 1, 2023. See sections 63 and 64, chapter 631, Oregon Laws 2021. Note: 329A.490 and 329A.493 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 329A or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
OR Rev Stat § 329A.493 (2021)
2021 Oregon Revised Statutes|Volume : 09 - Education and Culture|Chapter 329A - Child Care|Section 329A.493 - Funds for training program.

The Department of Education shall seek funds from public and private sources to implement and operate the child care provider training program established under ORS 329A.490. [Formerly 657A.493] Note: 329A.493 is repealed January 1, 2023. See sections 63 and 64, chapter 631, Oregon Laws 2021. Note: See second note under 329A.490.
OR Rev Stat § 329A.625 (2021)
2021 Oregon Revised Statutes|Volume : 09 - Education and Culture|Chapter 329A - Child Care|Section 329A.625 - Prohibition on suspending or expelling child from program.

An early childhood care or education program may not suspend or expel any child if the program receives state public funds from the Early Learning Division or the program is certified under ORS 329A.280 or registered under ORS 329A.330. [2021 c.576 §3] Note: 329A.625 becomes operative July 1, 2026. See section 4, chapter 576, Oregon Laws 2021. Note: The name of the Early Learning Division is being changed to the Department of Early Learning and Care. The name change becomes operative on January 1, 2023. See sections 64 and 71, chapter 631, Oregon Laws 2021. Editorial adjustment for the name change has not yet been made. Note: 329A.625 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 329A or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation. Note: Section 5, chapter 576, Oregon Laws 2021, provides: Sec. 5. No later than July 1, 2022, the Early Learning Division must submit to the appropriate interim committees of the Legislative Assembly a report on the proposed implementation of section 3 of this 2021 Act [329A.625]. The report must include a description of the processes for conducting investigations and contested case hearings under ORS chapter 183 for any violations of section 3 of this 2021 Act and must make any related recommendations for legislation. [2021 c.576 §5]
OR Rev Stat § 329A.700 (2021)
2021 Oregon Revised Statutes|Volume : 09 - Education and Culture|Chapter 329A - Child Care|Section 329A.700 - Definitions for ORS 329A.700 to 329A.712.

As used in ORS 329A.700 to 329A.712: (1)(a) "Child care provider" means a provider, for compensation, of care, supervision or guidance to a child on a regular basis in a center or in a home other than the child’s home. (b) "Child care provider" does not include a person who is the child’s parent, guardian or custodian. (2) "High quality child care" means child care that meets standards for high quality child care established or approved by the Early Learning Council. (3) "Qualified contribution" means a contribution made by a taxpayer to the Office of Child Care for the purpose of promoting high quality child care, and for which the taxpayer will receive a tax credit certificate under ORS 329A.706. (4) "Tax credit certificate" means a certificate issued by the Office of Child Care to a taxpayer to qualify the taxpayer for a tax credit under ORS 315.213. [Formerly 657A.700; 2015 c.701 §21] Note: 329A.700 to 329A.712 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 329A or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
OR Rev Stat § 329A.703 (2021)
2021 Oregon Revised Statutes|Volume : 09 - Education and Culture|Chapter 329A - Child Care|Section 329A.703 - Program established; purposes.

(1) The Office of Child Care shall establish a program to: (a) Allocate tax credit certificates to taxpayers that make qualified contributions to the Office of Child Care; and (b) Distribute to child care providers moneys from qualified contributions and other contributions. (2) The purposes of the program are to: (a) Encourage taxpayers to make contributions to the Office of Child Care by providing a financial return on qualified contributions and by soliciting other contributions. (b) Achieve specific and measurable goals for targeted communities and populations. (c) Strengthen the viability and improve the professional development of child care providers. [Formerly 657A.703; 2015 c.701 §22; 2017 c.186 §1] Note: See note under 329A.700.
OR Rev Stat § 329A.706 (2021)
2021 Oregon Revised Statutes|Volume : 09 - Education and Culture|Chapter 329A - Child Care|Section 329A.706 - Program implementation; tax credit certificates; rules.

(1) For the purpose of implementing the program established under ORS 329A.703, the Early Learning Council, in collaboration with the Office of Child Care, shall: (a) Adopt rules. (b) Identify child care goals that are consistent with the purposes provided in ORS 329A.703 (2). The goals identified under this paragraph shall take into account state resources and needs. (2)(a) The Office of Child Care shall issue tax credit certificates in the chronological order in which the contributions are received by the office. The office shall issue tax credit certificates to contributors until the total value of all certificates issued by the office for the calendar year equals $500,000. Each issued certificate shall state the value of the contribution being certified as eligible for the tax credit allowed under ORS 315.213. (b) The Office of Child Care may not issue a tax credit certificate to a taxpayer to the extent the credit value to be certified, when added to the total credit value previously certified by the office under paragraph (a) of this subsection for the calendar year exceeds $500,000. (c) Qualified contributions shall be deposited in the Child Care Fund. (3) A taxpayer that receives a notice of denial of a tax credit certificate or that receives a tax credit certificate issued for an amount that is less than the amount contributed may request a refund for the amount contributed within 90 days of the denial or issuance of the certificate by the Office of Child Care. The Office of Child Care must send notice of a denial or changed amount and refund the amount for which a tax credit will not be granted within 30 days after receiving the request. The refund shall be made from the Child Care Fund. (4) The Early Learning Council may establish by rule any other provisions required to implement the program established under ORS 329A.700 to 329A.712. (5) The Office of Child Care shall provide information to the Department of Revenue about all tax credit certificates issued under subsection (2) of this section, if required by ORS 315.058. [Formerly 657A.706; 2015 c.701 §23; 2017 c.186 §2; 2019 c.483 §21] Note: See note under 329A.700.
OR Rev Stat § 329A.712 (2021)
2021 Oregon Revised Statutes|Volume : 09 - Education and Culture|Chapter 329A - Child Care|Section 329A.712 - Revenue distribution to child care providers.

(1) The Office of Child Care shall distribute revenues in the Child Care Fund that are derived from contributions, minus the amounts needed to make refunds under ORS 329A.706 (3) and to cover expenses of the Office of Child Care in administering ORS 329A.700 to 329A.712. (2) Revenues shall be disbursed to child care providers consistent with rules adopted by the Early Learning Council. (3) Distributions shall be made to child care providers in the proportion that the Office of Child Care determines best promotes the provision of high quality child care in this state. [Formerly 657A.712; 2015 c.701 §24; 2017 c.186 §3] Note: The amendments to 329A.712 by section 42, chapter 631, Oregon Laws 2021, become operative January 1, 2023. See section 64, chapter 631, Oregon Laws 2021. The text that is operative on and after January 1, 2023, is set forth for the user’s convenience. (1) The Department of Early Learning and Care shall distribute revenues in the Child Care Fund that are derived from contributions, minus the amounts needed to make refunds under ORS 329A.706 (3) and to cover expenses of the Office of Child Care in administering ORS 329A.700 to 329A.712. (2) Revenues shall be disbursed to child care providers consistent with rules adopted by the Early Learning Council. (3) Distributions shall be made to child care providers in the proportion that the department determines best promotes the provision of high quality child care in this state. Note: See note under 329A.700.