Effective January 13, 2015. In assessing civil penalties, the
Commission desires to be both consistent and equitable and to consider and
evaluate each case on an individual basis. The actual civil penalty which the
commission imposes shall be based on the Commission's consideration of the
factors in OAR 583-050-0027. The Commission
shall impose a penalty per incident based on only one of the degree use
activities listed below, i.e. a single incident cannot result in a penalty from
more than one category. Civil penalties shall be imposed according to the
following schedule for use after warning by the commission of a violation:
(1) When such use is related to a
position in any employment sector, paid or unpaid, involving public health or
safety for which a degree of the type found invalid is required for employment
or licensure: $1000 per incident.
(2) When such use is intended to induce or
encourage payment of money by students, clients, customers or others for whom
the degree may serve as an attractant or legitimizer related to a service
provided in the business or not-for-profit sector: $1000 per
incident.
(3) When such use is in
public employment not related to public health or safety for which a valid
degree of the type claimed is required or is necessary based on the conditions
of employment: $500 per incident.
(4) By a teacher at any level, including K-12
and postsecondary education: $500 per incident.
(5) When such use is likely to deceive the
public as to the user's qualifications but no money is sought or received by
the user as a consequence in whole or in part of the use: $300 per incident.
(6) When in violation of any other
provision of OAR 583, division 50: $300 per incident.
(7) Repeated violations of any kind may
result in a penalty of $1,000 for each repetition occurring after a penalty is
imposed by the Commission or an injunction against the usage is issued by a
court.
Notes
Or. Admin. Code
§
583-050-0028
ODA 2-2002, f. & cert.
ef. 10-10-02; ODA 3-2005, f. 9-27-05, cert. ef. 9-30-05;
ODA
1-2015, f. & cert. ef.
3/17/2015;
ODA
1-2016, f. & cert. ef.
2/19/2016
Stat. Auth.: ORS
348.609
Stats. Implemented: ORS
348.609
