The unauthorized use of state-owned land managed by the Department constitutes
(2) In addition to any
other penalty or sanction provided by law, the Director may assess a civil
penalty of not less than $50 per day, and not more than $1,000 per day of
violation of any provision of these rules or ORS 274 that occurs on state-owned
submerged and submersible lands pursuant to ORS
The Director shall give written notice of
a civil penalty incurred under OAR 141-082-0315
(2) by registered or certified
mail to the person incurring the penalty. The notice shall include, but not be
limited to the following:
(a) The particular
section of the statute, rule, or written authorization involved;
(b) A short and clear statement of the matter
asserted or charged;
statement of the party's right to request a hearing within 20 calendar days of
the date of service of the notice;
(d) The time allowed to correct a violation;
(e) A statement of the amount
of civil penalty which may be assessed and terms and conditions of payment if
the violation is not corrected within the time period stated.
The person incurring the
penalty may request a hearing within 20 calendar days of the date of service of
the notice provided in OAR 141-082-0315
(3). Such a request must be in writing.
If no written request for a hearing is made within the time allowed, or if the
party requesting a hearing fails to appear, the Director may make a final order
imposing the penalty.
amount of a civil penalty shall not be less than $50 per day, or more than
$1,000 per day for violation of an authorization issued under ORS
274.992 or violation of any
administrative rule adopted under ORS 274.
In imposing a penalty under OAR
these rules, the Director shall consider the following factors as specified in
(a) The past history of the person incurring
a penalty with regard to other trespasses on state-owned land managed by the
Department and the willingness of the person to take all feasible steps or
procedures necessary or appropriate to correct any violation;
(b) Any prior violations of statutes, rules,
orders and authorizations pertaining to submerged and submersible lands;
(c) The impact of the violation on
public trust uses of commerce, navigation, fishing and recreation; and
(d) Any other factors determined
by the Director to be relevant and consistent with the policy of these rules.
Pursuant to ORS
civil penalty imposed under OAR
shall become due and payable 10 calendar days after the order imposing the
civil penalty becomes final by operation of law or on appeal.
If a civil penalty is not paid as
required by OAR
interest shall accrue at the maximum rate allowed by law.