Or. Admin. R. 603-015-0100 - Enforcement Actions
(1) The
Department may take the following enforcement actions against an animal rescue
entity, either individually or in combination:
(a) Issue a notice of violation for any
violations under OAR 603-015-0075 to OAR 603-015-0110. Each animal involved and
each day of a violation constitutes a separate violation. A plan of correction
will accompany a notice of violation. A plan of correction will include the
following:
(A) A statement of the actions
that must be taken by the animal rescue entity to eliminate the
violation.
(B) Requirements for the
animal rescue entity to report the completion of specific actions.
(C) A reasonable period of time by which
compliance is to be achieved not to exceed 30 business days after service of
the notice of violation, or if the violation requires more than 30 days to
correct, a period of time contained in a plan of correction acceptable to the
Department. If compliance is not achieved within the specified time frame,
additional regulatory action may be taken by the Department including but not
limited to license revocation, impoundment of animals, a civil penalty, or
additional civil penalties.
(b) Refuse to issue or renew, suspend, or
revoke an animal rescue entity's license.
(c) Issue an order impounding animals. A
violation may result in impoundment of any or all animals kept, housed, or
maintained under the animal rescue entity's possession, control, or charge.
Impoundment costs incurred by the Department will be charged to the animal
rescue entity. The location and manner of impoundment will be at the discretion
of the Department.
(d) Issue a
civil penalty for each violation.
(e) Take any other enforcement action allowed
by law.
(2) All final
orders issued under OAR 603-015-0075 to OAR 603-015-0110 shall be contested
case orders and shall comply with ORS
183.415
and other applicable provisions of the Oregon Administrative Procedures Act and
its implementing regulations and any other Department laws or regulations
relating to such orders. An animal rescue entity shall have the right to
judicial review of such orders pursuant to ORS
183.482.
(3) At the discretion of the director, the
Department may settle cases when circumstances deem it appropriate.
Notes
Statutory/Other Authority: ORS 609.415, 561 & 596
Statutes/Other Implemented: ORS 609.415 & 609.420
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