Or. Admin. R. 839-001-0790 - Schedule of Civil Penalties for Violation of ORS 652.710(1)

(1) The civil penalty for any one violation shall not exceed $1,000. The actual amount of the civil penalty will depend on all the facts and on any mitigating and aggravating circumstances.

(2) When the Commissioner determines to assess a civil penalty for violation(s) of ORS 652.710(1), the minimum civil penalty to be assessed shall be $50 for each employee affected; provided, however, that if the violation(s) of ORS 652.710(1) result(s) in a lapse of health care insurance coverage or otherwise in the unavailability of health care services through the employer's contract, the minimum civil penalty to be assessed shall be $500 for each employee affected.

(3) The civil penalty for all other violations shall be set in accordance with the determinations and considerations referred to in OAR 839-001-0780.

(4) When the Commissioner determines to assess a civil penalty for any violation of ORS 652.710(1) by an employer who has previously been assessed a civil penalty for violation of ORS 652.710(1), the minimum civil penalty shall be as follows:

(a) For a second offense, double the amounts specified in sections (2) and (3) of this rule;

(b) For third and subsequent offenses, $1,000 for each violation.

(5) The civil penalties set out in this rule shall be in addition to any other penalty imposed by law or rule.

Notes

Or. Admin. R. 839-001-0790

BL 10-1992, f. & cert. ef. 7-1-92

Stat. Auth.: ORS 652.710(7) & ORS 652.710(11)

Stats. Implemented: ORS 183.090 & ORS 652.710