(a) ORS 431A.358;
(b) A rule adopted under ORS 431A.355; or
(c) An order issued by the authority pursuant to this section or ORS 431A.355 or 431A.358.
(2)(a) If the authority has reason to believe that a person is engaging in an act or practice that violates ORS 431A.358 or a rule adopted under ORS 431A.355, the authority may order that all lead-based paint activities or renovation to which the person is connected stop immediately.
(b) A request for a hearing on the propriety of the order must be submitted to the authority in writing within 10 days of the date on which the order was served. The authority shall grant a hearing as soon as practicable after receipt of the hearing request, and shall conduct the hearing as provided for contested cases under ORS chapter 183.
(3)(a) The authority may issue an order to require the actions described in paragraph (b) of this subsection to:
(A) A person who has violated ORS 431A.358 or a rule adopted under ORS 431A.355; or
(B) A property owner, or agent of the property owner, who knowingly contracted with a person who was not certified under ORS 431A.355 to perform lead-based paint activities or renovation when certification was required under ORS 431A.358.
(b) An order issued under this subsection may require the recipient of the order to, as soon as reasonably practical:
(A) Obtain a risk assessment in accordance with ORS 431A.355 or 431A.358 and rules adopted under ORS 431A.355 or 431A.358; and
(B) Abate or control any lead-based paint hazards identified by the risk assessment. All lead-based paint abatement and hazard control services must be performed in accordance with ORS 431A.355 and 431A.358 and rules adopted under ORS 431A.355 and 431A.358.
(c) A request for a hearing on the propriety of the order must be submitted to the authority in writing within 10 days of the date on which the order was served. The authority shall grant a hearing as soon as practicable after receipt of the hearing request, and shall conduct the hearing as provided for contested cases under ORS chapter 183.
(4) If a person described in subsection (3) of this section fails to timely comply with an order issued under subsection (3) of this section, the authority may take any necessary action to obtain a risk assessment or abate or control any lead-based paint hazards identified by a risk assessment.
(5) In addition to the civil penalty described in subsection (1) of this section, the authority may impose on a person who fails to timely comply with an order issued pursuant to subsection (3) of this section costs in an amount sufficient to cover any expenses incurred by the authority in obtaining a risk assessment and abating or controlling any hazards, as described in subsection (3) of this section. Costs imposed under this section must be imposed in compliance with ORS 431A.365.
(6) A person who fails to identify a third party as described in ORS 431A.355 is liable jointly and severally for any violation by the third party of ORS 431A.358 or a rule adopted under ORS 431A.355.
(7) All moneys collected by the authority under this section and ORS 431A.365 shall be deposited into the Public Health Account established under ORS 431.210. Moneys deposited under this section shall be used for the purposes of lead poisoning prevention, including consumer and industry outreach, public education, blood lead screening, lead-based paint risk assessments, lead-based paint hazard abatement and control activities and other similar activities.
(8) Civil penalties under this section shall be imposed as provided in ORS 183.745.
(9) A civil penalty imposed under this section is in addition to, and not in lieu of, any other penalty or sanction provided by law.
(10) The authority shall report all civil penalties and sanctions imposed under this section or a rule adopted under ORS 431A.355 to each of the following state agencies:
(a) The Construction Contractors Board;
(b) The Occupational Safety and Health Division of the Department of Consumer and Business Services; and
(c) The Department of Environmental Quality. [Formerly 431.994; 2021 c.49 §2]
Structure 2021 Oregon Revised Statutes
Chapter 431A - Public Health Programs and Activities
Section 431A.005 - Definitions.
Section 431A.055 - State Trauma Advisory Board.
Section 431A.060 - Designation of trauma areas; rules; trauma system hospitals.
Section 431A.065 - Oregon Health Authority to adopt rules for trauma system hospitals.
Section 431A.070 - Area trauma advisory boards; duties; members.
Section 431A.075 - Liability of provider.
Section 431A.090 - Designation of other trauma centers.
Section 431A.095 - Reporting of certain patients; reimbursement for certain services.
Section 431A.100 - Release of information from Oregon Trauma Registry.
Section 431A.125 - Oregon Health Authority powers; rules.
Section 431A.150 - Smoking cessation program reimbursement; rules.
Section 431A.153 - Tobacco Use Reduction Account.
Section 431A.155 - Oregon Health Authority to adopt rules for awarding grants.
Section 431A.175 - Definitions; unlawful activities; notice; rules.
Section 431A.190 - Definitions for ORS 431A.190 to 431A.216.
Section 431A.198 - Licensure; fees; rules; exemption.
Section 431A.202 - Revocation, suspension, refusal to issue or renew; rules.
Section 431A.204 - Seizure and forfeiture of contraband products; appeal.
Section 431A.206 - Suspense account for administration and enforcement.
Section 431A.212 - Intergovernmental agreements.
Section 431A.214 - Suspense account for fee money transfers.
Section 431A.218 - Local regulation.
Section 431A.253 - Definitions.
Section 431A.255 - List of high priority chemicals of concern in children’s products.
Section 431A.258 - Disclosure by manufacturers; notice requirement; exemption.
Section 431A.263 - Process for substituting chemicals; rules.
Section 431A.265 - Process for waiving requirement to remove or substitute chemicals.
Section 431A.270 - Testing for compliance; fee schedule; rules.
Section 431A.275 - Civil penalty for violation of ORS 431A.258, 431A.260 or 431A.263.
Section 431A.278 - High Priority Chemicals of Concern for Children’s Health Fund.
Section 431A.280 - Biennial report to Legislative Assembly.
Section 431A.300 - Definitions.
Section 431A.303 - Legislative findings.
Section 431A.310 - Limitation on liability; application.
Section 431A.313 - Poison Prevention Task Force; members; meetings; duties.
Section 431A.320 - Enforcement by civil action; injunction; damages; attorney fees.
Section 431A.323 - Prohibited conduct.
Section 431A.325 - Civil penalty for violation of ORS 431A.300 to 431A.325.
Section 431A.350 - Lead poisoning.
Section 431A.353 - Definitions.
Section 431A.360 - Lead poisoning prevention clearinghouse for schools.
Section 431A.363 - Civil penalty for violation of ORS 431A.355 or 431A.358; hearing.
Section 431A.365 - Costs imposed pursuant to ORS 431A.363; notice; hearing; lien.
Section 431A.400 - Healthy Homes Program; grants; reporting; rules.
Section 431A.402 - Healthy Homes Repair Fund.
Section 431A.410 - Grants for clean air programs.
Section 431A.415 - Oregon Health Authority grants for purchase of smoke filtration devices; rules.
Section 431A.417 - Reporting on smoke filtration device grants.
Section 431A.450 - Automated external defibrillators required at health clubs; exception.
Section 431A.475 - Oregon Health Authority duties.
Section 431A.500 - Spinal Cord Injury Research Board; members; terms; chairperson; meetings; rules.
Section 431A.505 - Duties of board; grants.
Section 431A.510 - Spinal Cord Injury Research Fund.
Section 431A.525 - Stroke Care Committee.
Section 431A.530 - Oregon Health Authority duties; database; confidentiality.
Section 431A.550 - Facilities to provide notice; rules.
Section 431A.560 - Educational materials about breast reconstruction; requirements.
Section 431A.600 - Oregon Health Authority to conduct prevention and education activities.
Section 431A.625 - Oregon Health Authority to establish services and programs.
Section 431A.650 - Alzheimer’s Disease Research Fund.
Section 431A.680 - Dissemination of informational materials.
Section 431A.700 - Oregon Health Authority to disseminate information.
Section 431A.725 - Qualifying schools; certification; rules.
Section 431A.750 - Examinations by state laboratory; rules; fees.
Section 431A.775 - Definitions.
Section 431A.850 - Definitions.
Section 431A.855 - Establishment of program; rules; report to commission.
Section 431A.860 - Duty of pharmacy to report to program; exceptions.
Section 431A.865 - Disclosure of information; corrections; records; immunity from liability.
Section 431A.867 - Agreement for use of program information.
Section 431A.869 - Sharing and use of program information with other states.
Section 431A.877 - Duty to register; rules.
Section 431A.880 - Licensing information; fees; rules.
Section 431A.890 - Prescription Monitoring Program Advisory Commission; purposes; members.
Section 431A.895 - Term; meetings; rules; quorum; expenses.
Section 431A.896 - Prescription Monitoring Program Prescribing Practices Review Subcommittee.
Section 431A.898 - Practitioner training; rules.
Section 431A.900 - Civil penalty for violation of ORS 431A.855 to 431A.900.