Or. Admin. R. 918-305-0700 - Electrified Fixed Guideway Railway Systems - Penalty Guidelines

(1) Scope and authority. This rule sets guidelines for civil penalties for violations of any provision of the rules relating to electrified fixed guideway railway systems.

(2) "Continuing Offense" means violation of a code, rule or law on one or more additional days after having been notified that the act in question, or failure to act, is a violation.

(a) An additional day is any day, other than the first day, an offense takes place; however, defects noted by an inspector in an element of assembly or construction shall not be considered an offense if the defect is corrected and an inspection request made in no more than 20 calendar days.

(b) Notification is not dependent upon a penalty having been assessed.

(c) "Continuing Violation" has the same meaning as "continuing offense."

(3) Amount of penalty that may be assessed by the administrator:

(a) Not more than $1,000 for each violation; or

(b) Not more than $1,000 for each day of a continuing violation.

(4) In determining the penalty amount, any appropriate factors may be taken into account, including but not limited to, prior history of violations, extent to which corrective action was taken and the element of risk or danger to any person caused by the violation.

(5) Civil penalties may be reached by stipulation or consent and may be stayed in whole or in part according to the terms of a stipulation or consent order.

(6) Civil penalties may be assessed in addition to, or in lieu of, the suspension or revocation of a license, certificate of competency or similar authority issued by the division.

(7) Procedures:

(a) Civil penalties shall be brought by staff and assessed by the administrator.

(b) If a dispute concerning the application of the rules relating to electrified fixed guideway railway systems is appealed to the director under ORS Chapter 455 or 479, or:

(A) No civil penalty shall be sought or assessed for violation of the code provision that was appealed, until after the appeal or interpretation is resolved and if corrections are necessary, they are made in not more than 30 calendar days.

(B) Notwithstanding an administrative appeal, civil penalties can be brought or assessed for failure to obtain a permit if the issues on appeal do not involve the question of whether a permit was necessary.

(C) The obligation is on the person charged, or about to be charged, with a violation to advise of an appeal under this subsection.

(c) The division shall adopt operating procedures to promote equity and uniformity in proposing the amount and terms of civil penalties and conditions under which the penalties may be modified based on the circumstances in individual cases.

Notes

Or. Admin. R. 918-305-0700

BCD 7-2000, f. 3-15-00, cert. ef. 4-1-00; BCD 33-2000, f. 12-27-00, cert. ef. 1-1-01

Stat. Auth.: ORS 455.895 & ORS 479.950

Stats. Implemented: ORS 455.895 & ORS 479.950