Or. Admin. R. 150-323-0290 - Civil Penalties for Violation of Cigarette Tax Provisions

Current through Register Vol. 61, No. 4, April 1, 2022

(1) The Department of Revenue may impose civil penalties on any person who violates any provision of cigarette tax law. The violations include, but are not limited to, those described under subsection (3) of this rule.
(2) The following civil penalties will be imposed on a per incident basis for the violations in subsection (3) of this rule:

Incident - Penalty not to exceed

First - Warning notice

Second - $250

Third - $500

Fourth and subsequent - $1,000

(3) The civil penalties outlined in subsection (2) of this rule may be imposed for the following violations of ORS 323.005 to 323.482:
(a) ORS 323.060: Failure by a user or consumer to pay tax;
(b) ORS 323.105: Failure by a distributor to apply for and obtain a distributor's license;
(c) ORS 323.107: Failure by a wholesaler to apply for and obtain a wholesaler's license and make, preserve and supply records;
(d) ORS 323.130: Failure to display a license at the business location for which it was issued;
(e) ORS 323.165(1): Failure to obtain written approval from the Department of Revenue before selling, exchanging, or transferring unaffixed stamps to another person;
(f) ORS 323.170: Failure by a distributor to pay for stamps as provided in ORS 323.005 to 323.482 and failure by a distributor to notify the department of the number of packages of cigarettes to which the distributor affixes a stamp;
(g) ORS 323.185(1): Failure of the distributor to make payments of amounts owing for stamps purchased on the deferred-payment basis;
(h) ORS 323.205: Failure of manufacturers selling and shipping cigarettes into this state to other than a licensed distributor to:
(A) Deliver a written statement with each sale or consignment of cigarettes;
(B) Deliver a duplicate of that statement to the Department of Revenue; and
(C) File each cancellation or modification of the written statement and any other information necessary to the reconciliation of accounts with the Department of Revenue;
(i) ORS 323.211: Failure of distributors, dealers, and other persons engaging in the sale of cigarettes through the use of a vending machine(s) to affix the statutorily required card or decal in a conspicuous place on each machine;
(j) ORS 323.215: Failure of distributors, dealers, and other persons selling cigarettes through a vending machine(s) to keep detailed records of each machine showing the location of the machine and the date the machine was placed in that location;
(k) ORS 323.220: Failure of distributors and persons dealing in, transporting or storing cigarettes in this state to:
(A) Keep on premises records, receipts, invoices, and other pertinent papers; and
(B) Refrain from destroying records if so ordered by the Department of Revenue;
(l) ORS 323.225: Failure of transporters seeking to possess or acquire untaxed cigarettes for transportation or transport upon highways, roads, or streets of this state to:
(A) Obtain and keep a permit in the transporting vehicle during the transportation of the cigarettes; and
(B) Have the required invoices or bill of lading in the transporting vehicle;
(m) ORS 323.335: Failure of:
(A) Distributors to pay tax;
(B) Taxpayers other than licensed distributors to pay tax; and
(C) Common carriers and persons authorized to sell cigarettes on the facilities of common carriers to pay tax;
(n) ORS 323.340(1): Failure of licensed distributors to file reports;
(o) ORS 323.343: Failure of any person not a distributor, who had cigarette activity in this state, to file a report;
(p) ORS 323.355: Failure of common carriers and persons authorized to sell cigarettes on the facilities of common carriers to file reports and submit payment of tax due with the reports; and
(q) ORS 323.360: Failure of a consumer or user subject to the tax resulting from a distribution of cigarettes to file reports and submit payment of the tax due with the reports.
(4) The department may consider the following factors when deciding the civil penalty under this rule:
(a) Number of previous inspections held by the Department of Revenue at the place of business;
(b) Number of previous violations of Chapter 323 provisions;
(c) Size of business; and
(d) Any other factors or information the department considers relevant to its determination.
(5) A civil penalty authorized by ORS 323.480(1) and this rule may be imposed on any person, as defined in ORS 323.010, who is responsible for complying with ORS 323.005 to 323.482.

Notes

Or. Admin. R. 150-323-0290
REV 3-2002, f. 6-26-02, cert. ef. 6-30-02; REV 1-2004(Temp), f. & cert. ef. 4-1-04 thru 8-1-04, Renumbered from 150-323.480(1); REV 6-2004, f. 7-30-04, cert. ef. 7-31-04; Renumbered from 150-323.480(1)-(A), REV 73-2016, f. 8-15-16, cert. ef. 9/1/2016

Stat. Auth.: ORS 305.100 & 323.440

Stats. Implemented: ORS 323.480

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