(1) The unauthorized use of state-owned land
managed by the Department constitutes a trespass.
(2) In addition to any other penalties
provided or permitted by law, the Department may pursue whatever remedies are
available under law to ensure that any use that is in violation with these
rules is either brought into compliance with the requirements of these rules or
other applicable law, or ceased or removed.
(3) In addition to any other penalty or
sanction provided by law, the Director may assess a civil penalty of not more
than $1,000 per day of violation for violations of any provision of these rules
or ORS 274 that occurs on state-owned submerged or submersible lands pursuant
The Director will give written notice of
a civil penalty incurred under OAR 141-088-0009
(3) by registered or certified
mail to the person incurring the penalty. The notice will include, but not be
limited to the following:
(a) The particular
section of the statute or this rule 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
(d) The time allowed to
correct a violation; and
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
incurring the penalty may request a hearing within 20 calendar days of the date
of service of the notice provided in OAR 141-122-0130
(3) or 141-123-0120(3).
Such 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.
In imposing a penalty under OAR
of these rules, the Director will consider the following factors
as specified in ORS
(a) The past history of the person incurring
a penalty regarding other trespasses on state-owned land manager by the
(b) Any prior
violations of statutes, rules, orders and authorizations pertaining to
submerged and submersible land;
The impact of the violation on public trust uses of commerce, navigation,
fishing and recreation; and
other factors determined by the Director to be relevant and consistent with the
policy of these rules.
Pursuant to ORS
a civil penalty imposed under OAR 141-088-0009
will 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 141-088-0009
, interest will
accrue at the maximum rate allowed by law from the date first due.