Department may impose a civil penalty under ORS
on an agency for a violation of OAR 411-323-0050
(9) or OAR
considering whether to impose a civil penalty and the size of the civil
penalty, the Department shall consider all of the following:
(a) The past history of the agency incurring
a civil penalty in taking all reasonable steps or procedures necessary or
appropriate to correct any violation.
(b) Any prior violations of statutes or rules
pertaining to the agency's program.
(c) The economic and financial conditions of
the agency incurring the civil penalty.
(d) The immediacy and extent to which a
violation threatens or threatened the health, safety, and welfare of
otherwise specified in rule, the amount of a civil penalty may not exceed $500
for each violation.
(4) When an
agency receives notification from the Department of a violation for which a
civil penalty or other administrative sanction may be imposed, the agency must
take action to immediately eliminate the violation.
The Department shall provide the
Executive Director of the agency, or their designee, written notice of the
imposition of a civil penalty consistent with ORS
including all of the following:
statement of the agency's right to a hearing, with a description of the
procedure and timeframe to request a hearing, or a statement of the time and
place of the hearing.
statement of the authority and jurisdiction under which the hearing is to be
(c) A reference to the
specific sections of the statutes and rules involved.
(d) A short and plain statement of the
matters asserted or charged.
statement indicating whether and under what circumstances an order by default
may be entered.
(f) A statement
that active duty servicemembers have a right to stay proceedings under the
federal Servicemembers Civil Relief Act and may contact the Oregon State Bar or
the Oregon Military Department for more information. The statement must include
the toll-free telephone numbers for the Oregon State Bar and the Oregon
Military Department and the Internet address for the United States Armed Forces
Legal Assistance Legal Services Locator website.
(6) The Executive Director, or their
designee, has 20 calendar days from the receipt of the notice of civil penalty
in which to make a written application for a hearing before the
(7) If the agency fails
to request a hearing within 20 calendar days, a final order may be entered by
the Department assessing a civil penalty.
(8) All hearings are conducted pursuant to
the applicable provisions of ORS chapter 183.
If, after a hearing, the agency is found
to be in violation of OAR 411-323-0050
(9), an order may be entered by the
Department assessing a civil penalty.
(10) If the order is not appealed, the amount
of the civil penalty is payable within 10 calendar days after the order is
entered. If the order is appealed and is sustained, the amount of the civil
penalty is payable within 10 calendar days after the court decision. The order,
if not appealed or sustained on appeal, constitutes a judgment and may be filed
in accordance with the provisions of ORS
Execution may be issued upon the order in the same manner as execution upon a
judgment of a court of record.
Judicial review of civil penalties imposed under ORS
are provided under ORS
except that the court may, in its discretion, reduce the amount of the civil
(12) Unless otherwise
directed by statute, all civil penalties recovered under ORS
are paid into the State Treasury and shall be deposited to the Department of
Human Services Account established under ORS
and may be used by the division of the Department that provides developmental
disabilities services for system improvements and the implementation of