Or. Admin. R. 603-111-0040 - Enforcement Proceedings; Civil Penalties
(1) Each violation of any provision of ORS
646.932
or rules implementing that provision is a separate and distinct violation , and,
in cases of continuing violations, each day's continuance is a separate and
distinct violation . Notwithstanding, the ODA may consolidate proceedings
involving multiple violations against the same person or entity into a single
proceeding.
(2) Hearings shall be
conducted as contested case hearings pursuant to the applicable provisions of
ORS
183.413
to
183.471
and OAR 137-003-0501 to 137-003-0700.
(3) A civil penalty imposed under ORS
646.932
and these regulations may be remitted or reduced at the Director 's discretion
upon such terms and conditions that are proper and consistent with public
safety and welfare.
(4) Civil
penalties shall be assessed in accordance with ORS
183.745
according to the following schedule based upon enforcement history;
(A) First violation : Notice of
Non-Compliance.
(B) Second
violation : A Notice of Violation .
(C) Third violation : A monetary civil penalty
of $50.
(D) Subsequent violations:
A monetary civil penalty of $100 per violation .
Notes
Statutory/Other Authority: ORS 646.932
Statutes/Other Implemented: ORS 646.932
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