Or. Admin. R. 333-008-2210 - Penalty Matrix

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

(1) The penalty matrix applies to any violations in OAR chapter 333, division 7 and 8.
(2) The Authority has established Category I, II, III and IV violations with Category I violations posing the highest risk to public health and safety, and category IV violations being generally technical in nature.
(3) The Authority may allege multiple violations in a single notice or may count violations alleged in notices issued within the previous two year period toward the total number of violations. In calculating the total number of violations, the Authority may consider a proposed violation for which the Authority has not yet issued a final order.
(4) If the Authority finds one or more mitigating or aggravating circumstances, it may assess a lesser or greater sanction, up to and including revocation. The Authority may decrease or increase a sanction to prevent inequity or to take account of particular circumstances in the case.
(5) The Authority may consider the following mitigating circumstances when determining what sanction to impose:
(a) Making a good faith effort to prevent a violation.
(b) Extraordinary cooperation in the violation investigation demonstrating the licensee or permittee accepts responsibility.
(6) The Authority may consider the following aggravating circumstances when determining what sanction to impose:
(a) Receiving a prior warning about one or more compliance problems.
(b) Repeated failure to comply with laws.
(c) Efforts by person or registrant to conceal a violation.
(d) Intentionally committing a violation.
(e) A violation involving more than one consumer or employee.
(f) A violation involving a transfer of a marijuana item to anyone other than a patient, designated primary caregiver, grower or registrant.
(g) A violation resulting in injury or death.
(h) Three or more violations within a two-year-period, regardless of the category, where the number of the proposed or final violations indicate a disregard for the law or failure to control the premises.
(7) A registrant may not avoid the sanction for a violation or the application of the provision for successive violations by changing the corporate structure for example, by adding or dropping a partner or converting to another form of legal entity when the individuals who own, operate, or control the business are substantially similar.

Notes

Or. Admin. R. 333-008-2210
PH 9-2017, f. 5-26-17, cert. ef. 5/31/2017; PH 29-2017, amend filed 12/22/2017, effective 1/1/2018; PH 205-2018, minor correction filed 04/30/2018, effective 4/30/2018

Statutory/Other Authority: ORS 475B.025

Statutes/Other Implemented: ORS 475B.256, 475B.295, 475B.560& 475B.635

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