{"id":"DUT-OR-002","kind":"duty","level":"state","jurisdiction":"Oregon","state":"OR","metro":"","industry":"","agency":"","eco":"","issuer":"Oregon Legislative Assembly (codified text published by the Office of the Legislative Counsel, 2019 Edition, as captured by the Wayback Machine Oct. 17, 2020)","authority":"ORS 431A.005 [Formerly 431.260]; ORS 431A.010 [Formerly 431.262]; ORS 431A.015 [Formerly 431.264] (renumbered by 2015 c.736; enacted as ORS 431.260-431.264 by 2007 c.445)","instrument":"Statute: ORS chapter 431A (Public Health Programs and Activities), sections 431A.005-431A.015: definitions of \u0027public health law\u0027 and \u0027public health measure\u0027; power of the Oregon Health Authority and local public health administrators to enforce public health laws, with civil penalties; public health actions of the Public Health Director","title":"ORS 431A.005, 431A.010 and 431A.015: enforcement of public health laws by administrative order, civil penalty of up to $500 a day per violation, inspection, civil action and prosecution; multi-county control measures prescribed by the Public Health Director","dateIssued":"2026-09-29","effective":"standing (in force throughout 2020 and 2021)","end":"standing","startDate":"2026-09-29","endDate":"","quarters":["2020Q2","2020Q3","2020Q4","2021Q1","2021Q2","2021Q3"],"types":["DUTY","OTHER"],"addressees":["persons generally; owners and custodians of private property and operators of public places (431A.010(1)(e)-(f)); every business subject to an executive order or OHA guidance declared a public health law"],"clause":"431A.010(1) The Oregon Health Authority and local public health administrators shall have the power to enforce public health laws. The enforcement powers... include... the authority to:... (c) Issue administrative orders to enforce compliance with public health laws; (d) Issue a notice of violation... and impose a civil penalty as established by rule not to exceed $500 a day per violation","enforcement":"Civil penalty up to $500 a day per violation (431A.010(1)(d)); administrative orders (1)(c); restriction of access to property (1)(h); civil action and court-ordered public health measures (1)(j); referral to a district attorney for criminal prosecution (1)(k).","functions":[],"notes":"Made every \u0027public health law\u0027 (defined in 431A.005(8) as any statute, rule or local ordinance that promotes or protects the public health and establishes the enforcement authority of OHA, the Public Health Director, a local public health authority or administrator) enforceable against any person by administrative order, civil penalty of up to $500 a day per violation, entry into private property and public places to inspect, civil action including a petition for an order imposing a public health measure, and referral for criminal prosecution (431A.010(1)(a)-(L)), with State and local law enforcement bound to assist (431A.010(3)); every Oregon executive order in the library declared itself and its OHA guidance \u0027public health laws, as defined in ORS 431A.005\u0027 enforceable \u0027as permitted under ORS 431A.010\u0027 (EO 20-25 para. 24, Ex. OR-017; EO 20-27 para. 26, Ex. OR-020; EO 20-66 para. 10, Ex. OR-035), and OAR 333-019-1025(9) adopted the $500-per-day penalty (Ex. OR-048).","sourceUrl":"https://www.oregonlegislature.gov/bills_laws/ors/ors431A.html","snapshot":"http://web.archive.org/web/20201017021621/https://www.oregonlegislature.gov/bills_laws/ors/ors431a.html","fileExists":true,"fileBytes":547661,"grade":"primary","character":"order_penalty","description":"","collection":"DUT-OR","url":"/library/DUT-OR-002","exhibitUrl":"/exhibit/DUT-OR-002","citation":"Oregon Legislative Assembly (codified text published by the Office of the Legislative Counsel, 2019 Edition, as captured by the Wayback Machine Oct. 17, 2020), Statute: ORS chapter 431A (Public Health Programs and Activities), sections 431A.005-431A.015: definitions of \u0027public health law\u0027 and \u0027public health measure\u0027; power of the Oregon Health Authority and local public health administrators to enforce public health laws, with civil penalties; public health actions of the Public Health Director (standing) (Ex. DUT-OR-002)","stateName":"Oregon","related":["OR-017","OR-020","OR-035","OR-048"]}