Or. Admin. Code § 411-068-0090 - Civil Penalties
(1) Civil
penalties, not to exceed $200 per violation per day, may be assessed for a
facility operating without a current registration.
(2) Any civil penalty imposed under this
section shall become due and payable when the person incurring the penalty
receives a notice in writing from the Department. The notice shall be sent by
registered or certified mail and shall include all elements required by ORS
183.415 including but not
limited to:
(a) A reference to applicable
sections of the statute, rule, standard, or order involved;
(b) A short and plain statement of the
matters asserted or charged;
(c) A
statement of the amount of the penalty or penalties imposed; and
(d) A statement of the right to request a
hearing.
(3) The person
to whom the notice is addressed shall have 10 calendar days from the date of
service in which to make written application for a contested case
hearing.
(4) All hearings shall be
conducted according to the applicable provisions of ORS 183 relating to
contested cases before the Department.
(5) If the person notified fails to request a
hearing within the time specified; or if after a hearing the person is found to
be in violation of a statute, rule, or order, an order may be entered assessing
a civil penalty.
(6) Unless the
penalty is paid within 10 calendar days after the order becomes final, the
order constitutes a judgment and may be recorded by the County Clerk which
becomes a lien upon the title to any interest in real property owned by the
operator.
(7) Civil penalties are
subject to judicial review under ORS
183.480, except that the court
may, at its discretion, reduce the amount of the penalty.
(8) All penalties recovered under ORS
443.480 to
443.500 shall be paid into the
State Treasury and credited to the General Fund.
Notes
Statutory/Other Authority: ORS 410.070 & 443.485
Statutes/Other Implemented: ORS 443.480 & 443.500
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.