(a) Informs a person of
a violation, and the consequences of the violation or continued noncompliance.
The notice may state the actions required to resolve the violation and may
specify a time by which compliance is to be achieved and that the need for
formal enforcement action will be evaluated;
(b) Shall be issued by the Director or
be issued for all classes of documented violations;
(d) Shall be a contested case order for
purposes of judicial review.
Notice of Civil Penalty Assessment (CPA):
(b) Shall be
issued by the Director or authorized representative.
(a) Is issued pursuant to ORS Chapters 183,
May be in the form
of a Department Order, Stipulation and Final Order (SFO) or a Mutual Agreement
(A) Department Orders shall be
issued by the Director or authorized representative;
All other Orders:
(i) May be negotiated;
(ii) Shall be signed by the Director or
authorized representative and the authorized representative of each other
be issued for any Class of violation.
(4) The enforcement actions described in
sections (1) through (3) of this rule in no way limit the Department from
seeking legal or equitable remedies as provided by ORS Chapters 468, 468A, and
Or. Admin. R.
DOA 2-1998, f. & cert.
ef. 3-3-98; DOA 18-2003, f. & cert. ef. 5-15-03; DOA 22-2004, f. &
cert. ef. 8-10-04
Stat. Auth.: ORS
Stats. Implemented: ORS