Or. Admin. R. 603-015-0110 - Civil Penalty Determination Formula

The Department will use the following formula to calculate the civil penalty assessed: B + [ (0.1 X B) (P + S)], where:

(1) B = Base penalty from matrix: Category 1 = $250; Category 2 = $150; Category 3 = $75.
(2) P = Past occurrence of violations within the past 5 years. P will be weighted from 0 to 6 in the following manner: 0 = No prior violations or insufficient evidence on which to base a finding; 1 = Past occurrence of one category 3 violation; 2 = Past occurrence of one Category 2 violation or two category 3 violations; 3 = Past occurrence of one Category 1 violation, two Category 2 violations, or three Category 3 violations; 4 = Past occurrence of two Category 1 violations, three Category 2 violations, or four Category 3 violations; 5 = Past occurrence of three Category 1 violations, four Category 2 violations, or five or more Category 3 violations; 6 = Past occurrence of more than three Category 1 violations or five or more Category 2 violations.
(3) S = Size of rescue entity, the number of animals in the entity's legal custody. S will be weighted from 0 to 2 in the following manner: 0 = Small rescue entity (0 to 25 animals); 2 = Medium rescue entity (26 to 100 animals); 4 = Large rescue entity (greater than 100 animals).

Notes

Or. Admin. R. 603-015-0110
DOA 19-2020, adopt filed 12/01/2020, effective 12/1/2020

Statutory/Other Authority: ORS 609.415, 561 & 596

Statutes/Other Implemented: ORS 609.415 & 609.420

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