Or. Admin. R. 199-008-0014 - Guidelines on How Multiple Violations Will Be Charged

The Commission will identify each action that appears to constitute a violation of ORS Chapter 244 and when multiple violations are committed will charge them in the following manner:

(1) When a public official appears to have committed two or more violations by multiple equivalent actions, the Commission will charge the public official with a single violation and count the repeated actions using the number of the equivalent acts as aggravating factors when imposing any sanction. The following examples are offered to illustrate this rule and not meant to limit its application:

(a) Each occasion a public official uses the government agency's equipment (vehicle, tractor, chainsaw, trailer, etc.) for personal purposes could be a distinct violation of ORS 244.040(1). If a public official makes equivalent personal use of the agency's equipment on two or more occasions, the multiple violations will be combined into the charge of one violation with each additional personal use of equipment being counted as an equivalent action.

(b) Each occasion a public official uses the government agency's resources (storage space, fuel, cash or other financial transactions, internet connection, computer, etc.) for personal purposes could be a violation of ORS 244.040(1). If a public official makes equivalent personal use of the agency's resources on two or more occasions, the multiple violations will be combined into the charge of one violation with each additional personal use of the resource being counted as an equivalent action.

(c) Each time a public official is met with an actual or potential conflict of interest, as defined in ORS 244.020, and fails to disclose the nature of the conflict the public official could violate 244.120. If a public official, under similar circumstances, fails to disclose the nature of the same conflict of interest on two or more occasions, the multiple violations will be combined into the charge of one violation with each additional failure to disclose the nature being counted as an equivalent action.

(2) When two or more single violations are charged as one violation, each additional violation by this rule will be counted as equivalent acts. Each of the equivalent acts will be identified as an aggravating factor and included in the calculation of any assessment of a civil penalty or forfeiture that would constitute a sanction as setout in OAR 199-008-0015.

Notes

Or. Admin. R. 199-008-0014

GEC 1-2010, f. 3-12-10, cert. ef. 3-15-10; renumbered from 199-001-0014 by GEC 9-2021, filed 07/29/2021, effective 7/30/2021; GEC 13-2021, amend filed 12/07/2021, effective 12/30/2021

Statutory/Other Authority: ORS 244.290

Statutes/Other Implemented: ORS 244.290, 244.390, 244.370, 244.350