Or. Admin. R. 736-080-0060 - Notice of Civil Penalty

(1) Persons or agencies who have received a notice of violation under OAR 736-080-0030, but have not corrected, or have only partially corrected the violation by the time specified in the notice, or who have committed a repeat violation under a continuing notice, may be assessed a civil penalty. Notice of a civil penalty shall be delivered to the responsible party either in person or by registered or certified mail. Where the notice is made by mail, the date of mailing shall be considered the date of service.

(2) The notice of civil penalty shall include:

(a) A reference to the particular section(s) of the statutes, rules, standards, order or permit conditions involved;

(b) A short and plain statement of the matters asserted or charged;

(c) A statement of the amount of civil penalty being imposed; and

(d) A statement of the responsible party's right to request a hearing.

(3) If a violation is not corrected by the time specified in the notice of violation, a civil penalty may be imposed each day the violation goes uncorrected.

(4) If the violation is committed under a continuing notice of violation, no additional notice is required prior to the assessment of a civil penalty.

(5) The notice of civil penalty shall be accompanied by a proposed order setting forth the facts of the case and presenting findings and conclusions in support of the civil penalty being assessed. The proposed order shall become final if the responsible party does not request a hearing.

(6) The Director may mitigate the civil penalty if the Director determines that to do so would benefit the public interest and advance the policy of protecting and preserving the scenic and recreational value of the ocean shore. The Director shall specify the terms and conditions incumbent upon a responsible party if a civil penalty is mitigated.

(7) If a responsible party requests the Director reduce or remit the civil penalty for economic or financial reasons, the responsible party has the burden of proof to provide evidence of economic or financial condition that warrants reducing or remitting the civil penalty.

Notes

Or. Admin. R. 736-080-0060

PRD 7-2000, f. & cert. ef. 5-10-00

Stat. Auth.: ORS 390.124

Stats. Implemented: ORS 390.605 - ORS 390.770 & ORS 390.990 - ORS 390.995