Persons or agencies who have received a notice of violation under OAR
, 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.
The notice of civil penalty shall
(a) A reference to the particular
section(s) of the statutes, rules, standards, order or permit conditions
(b) A short and plain
statement of the matters asserted or charged;
(c) A statement of the amount of civil
penalty being imposed; and
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.
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
(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.