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Rule Changes Proposed for Executive Enforcement
Clarifies actions the state can take against non-compliant licensees

In a move that strengthens the Governor's hand against licensed businesses in the State of Oregon, the Oregon Health Authority has proposed changes in the administrative rules requiring compliance with the Governor's executive orders during an emergency. The comment period for proposed Oregon Administrative Rule 331-020-0079 has expired and the agency is empowered to enact the rule immediately. The rules make clear that businesses licensed by the State of Oregon must comply with executive orders or they will be subject to suspension, revocation, probation, monetary penalties, and an assessment of costs of disciplinary proceedings:

Compliance with Executive Orders and Guidance Required

(1) During a Governor declared emergency, unprofessional conduct under ORS 676.612, includes, but is not limited to, failing to comply with any applicable provision of a Governor's Executive Order or any provision of this rule.
(2) Failing to comply as described in subsection (1) includes, but is not limited to:
(a) Performing services or practicing an occupation or profession in a way that is contrary to an applicable Executive Order;
(b) Providing services at a business required by an Executive Order to be closed;
(c) Failing to comply with the requirements of Oregon Health Authority (Authority) guidance implementing an Executive Order.
(3) No disciplinary action or penalty action shall be taken under this rule if the Executive Order alleged to have been violated is not in effect at the time of the alleged violation.
(4) Penalties for violating this rule include, but are not limited to, suspension, revocation, probation, monetary penalties, and an assessment of costs of disciplinary proceedings not exceeding $5,000. Any such penalties shall be imposed in accordance with ORS Ch. 183.


The rule is slated to go into effect Septermber 1, 2020. It is not known if these rule changes signal an intent on the part of the executive branch to increase enforcement.


--Staff Reports

Post Date: 2020-08-28 10:59:02Last Update: 2020-08-28 11:50:02



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