Or. Admin. R. 839-017-0277 - Criteria to Determine Civil Penalty

(1) The Commissioner shall consider the following mitigating and aggravating circumstance when determining the amount of any civil penalty to be imposed against an employment agency and shall cite those the Commissioner finds to be applicable:

(a) The actions of the employment agency in responding to previous violations of statutes and rules.

(b) Prior violations, if any, of statutes or rules.

(c) The opportunity and degree of difficulty to comply.

(d) Magnitude and seriousness of violation.

(e) Whether the employment agency knew or should have known of the violation.

(2) It shall be the responsibility of the employment agency to provide the Commissioner with evidence of any mitigating and aggravating circumstances set out in section (1) of this rule.

(3) In arriving at the actual amount of the civil penalty, the Commissioner shall consider the amount of money, if any, taken from an applicant for employment by the employment agency in violation of any statute or rule.

(4) Notwithstanding any other section of this rule, the Commissioner shall consider all mitigating and aggravating circumstances presented by the employment agency for the purpose of reducing the amount of the civil penalty to be imposed.

Notes

Or. Admin. R. 839-017-0277

BL 150(Temp), f. 12-13-73, ef. 12-15-73; BL 156(Temp), f. 2-20-74, ef. 3-1-74; BL 157, f. 2-20-74, ef. 3-15-74; BL 200, f. 11-1-77, ef. 11-15-77; BL 8-1988 f. & cert. ef. 5-16-88; BL 6-1997, f. & cert. ef. 11-13-97

Stat. Auth.: ORS 658.210

Stats. Implemented: ORS 658.005 - ORS 658.245