Or. Admin. Code § 137-010-0034 - Mitigating and Aggravating Factors to be Considered
In establishing the amount of any civil penalty to be imposed, the Attorney General may consider the following factors and shall cite those found applicable:
(1) The past
history of the charitable organization or charitable fiduciary in connection
with compliance with the requirements of ORS
128.610 to
128.769 and timely filing of
required reports or documentation.
(2) Whether the cause of the violation was
unavoidable, or was due to negligence or the willful or intentional act of the
charitable organization or charitable fiduciary.
(3) The opportunity and degree of difficulty
to correct the violation.
(4) The
cooperativeness and efforts made by the charitable organization or charitable
fiduciary to correct the violation for which the civil penalty is to be
imposed.
(5) The cost to the
Department of Justice and time involved in investigation and correspondence
prior to the time the violation is actually corrected.
(6) Any other relevant factor.
Notes
Stat. Auth.: ORS 128.876
Stats. Implemented: ORS 128.670(8)
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