Or. Admin. R. 603-056-0510 - Enforcement Procedures

(1) For a violation classified as Category I under OAR 603-056-0530, the Department may, but is not required to, issue a Letter of Advisement. Failure to complete the recommended corrective action within the specified time period or repeated violations may result in the issuance of a Notice of Violation or Notice of Civil Penalty.

(2) For a violation classified as Category II under OAR 603-056-0530, the Department may, but is not required to, issue a Letter of Advisement. Failure to complete the recommended corrective action within the specified time period or repeated violations may result in the issuance of a Notice of Imposition of Civil Penalty. For repeat violations or violations committed willfully, intentionally, or knowingly or for flagrant violations, the Department may issue a Notice of Violation or Notice of Imposition of Civil Penalty without first issuing a Letter of Advisement.

(3) For a violation classified as Category III under OAR 603-056-0530, the Department may issue a Notice of Violation or a Notice of Imposition of Civil Penalty.

(4) Notices of Violation and Notices of Imposition of Civil Penalty shall be imposed as provided in ORS 183.745 and OAR 137-003-0501 through OAR 137-003-0700.

(5) Notices of Violation and Notices of Imposition of Civil Penalties may also include additional information deemed appropriate by the department, including but not limited to the following:

(a) A statement that the record of the proceeding to date, including information in the Department's file or files on the subject of the contested case and all materials submitted by a person, automatically become part of the contested case record upon default for the purpose of proving a prima facie case; and

(b) A statement that a collaborative dispute resolution process is available if the person requests a hearing as stated in the notice.

(8) The department may consolidate separate and distinct violations against a person for the assessment of multiple civil penalties for multiple violations. Prior to the referral of a case to the Office of Administrative Hearings, the department may consolidate actions by issuing a single Notice of Violation or Notice of Civil Penalty (or any amendment thereto) that details multiple violations. After referring the case to the Office of Administrative hearings, the department may request that an Administrative Law Judge consolidate actions by filing or a making motion.

Notes

Or. Admin. R. 603-056-0510

DOA 9-2020, adopt filed 07/14/2020, effective 7/14/2020

Statutory/Other Authority: ORS 561, 633 & 183.335 (5)

Statutes/Other Implemented: ORA 183.745 & 633.680