If a person, having been served a Notice
of Violation or a Notice of Imposition of Civil Penalty, fails to request a
hearing as specified in OAR 603-057-0510
(4)(f), or if a hearing is not held for
any reason, or if after the hearing the person is found to be in violation, an
order may be issued by the Director. If a Notice of Imposition of Civil Penalty
was served, the order may assess a civil penalty.
(2) The order shall be signed by the
(3) The order, if not
appealed as provided in ORS
183.497 or if sustained on
appeal, shall constitute a judgment. If any civil penalty has not been paid
when due and payable, the order may be recorded with the county clerk in any
county of this state. The clerk shall record the name of the person incurring
the penalty and the amount of the penalty in the County Clerk Lien Record.
Recording the order has the effects provided for in ORS
205.126, including but not
limited to the effect of becoming a lien upon the title of any interest in real
property located in that county and owned by the person. The Department may
enforce the order as provided in ORS
205.126, bring an action in a
court of this state to recover the civil penalty, or take any other action
authorized by law to enforce the order.
Or. Admin. R.
AD 4-1990, f. & cert.
ef. 3-16-90; DOA 1-2009(Temp), f. & cert. ef. 1-23-09 thru 7-22-09; DOA
6-2009, f. & cert. ef. 5-7-09
Stat. Auth.: ORS 561, 634 &
Stats. Implemented: ORS