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Ex. DUT-OR-002 Standing duty Primary source read

Statute: ORS chapter 431A (Public Health Programs and Activities), sections 431A.005-431A.015: definitions of 'public health law' and 'public health measure'; 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

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

Oregon Legislative Assembly (codified text published by the Office of the Legislative Counsel, 2019 Edition, as captured by the Wayback Machine Oct. 17, 2020) · Oregon (State)

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The record

Jurisdiction
Oregon
Level
State
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)
Issued
2026-09-29 Sept. 29, 2026
Effective
standing (in force throughout 2020 and 2021) (read as 2026-09-29)
End
standing
In force
Standing since Sept. 29, 2026 (a statutory duty; in force throughout the six quarters)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Standing dutyOther
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
Character
order penalty
Collection
Standing duties: Oregon DUT-OR

Operative words

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

Penalty

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).

What it required

Made every 'public health law' (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 'public health laws, as defined in ORS 431A.005' enforceable 'as permitted under ORS 431A.010' (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).

Retrieval note

Rendered from the Wayback Machine's capture of Oct. 17, 2020 of the official chapter page (2019 Edition), so the exhibit shows the text as it stood within the period; 58 pages. 431A.005(9): "'Public health measure' means a test, medical examination, treatment, isolation, quarantine or other measure imposed on an individual or group of individuals in order to prevent the spread of or exposure to a communicable disease, toxic substance or transmissible condition." 431A.015(2)(b): the Public Health Director may 'Prescribe measures for the: (A) Identification, assessment and control of the communicable disease' across counties, and (2)(e) direct school closures. The live 2025 page carries the same 431A.010 text ('[Formerly 431.262]').