Cease and desist order

(1) If the Department of Early Learning and 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 department 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 department shall hold a hearing as provided by ORS chapter 183. (b) After the hearing, the department 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 department 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 department 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.