Or. Admin. Code § 603-015-0100 - Enforcement Actions
(1) The
Department may take the following enforcement actions against an animal rescue
entity, either individually or in combination, and in any order whatsoever:
(a) Issue a notice of violation for any
violations under OAR 603-015-0075 to OAR 603-015-0110. Each animal involved and
each day of a violation constitutes a separate violation. A plan of correction
will accompany a notice of violation. A plan of correction will include the
following:
(A) A statement of the actions
that must be taken by the animal rescue entity to eliminate the
violation.
(B) Requirements for the
animal rescue entity to report the completion of specific actions.
(C) A reasonable period of time by which
compliance is to be achieved not to exceed 30 business days after service of
the notice of violation, or if the violation requires more than 30 days to
correct, a period of time contained in a plan of correction acceptable to the
Department. If compliance is not achieved within the specified time frame,
additional regulatory action may be taken by the Department including but not
limited to license revocation, impoundment of animals, a civil penalty, or
additional civil penalties.
(b) Refuse to issue or renew, suspend, or
revoke an animal rescue entity's license.
(c) Issue an order impounding animals. A
violation may result in impoundment of any or all animals kept, housed, or
maintained under the animal rescue entity's legal custody. Impoundment costs
incurred by the Department will be charged to the animal rescue entity. The
location and manner of impoundment will be at the discretion of the
Department.
(d) Issue a civil
penalty for each violation.
(e)
Take any other enforcement action allowed by law.
(2) The following orders are contested case
orders: a notice of violation; a refusal to issue or renew, suspend, or revoke
an animal rescue entity's license; and a notice of imposition of civil penalty.
These orders shall comply with ORS
183.415 and other applicable
provisions of the Oregon Administrative Procedures Act and its implementing
regulations and any other Department laws or regulations relating to such
orders. An animal rescue entity shall have the right to judicial review of such
orders pursuant to ORS
183.482.
(3) An impoundment order is an order in other
than contested case. An animal rescue entity shall have the right to judicial
review of an impoundment order pursuant to ORS
183.484.
(4) At the discretion of the director, the
Department may settle cases when circumstances deem it appropriate.
Notes
Statutory/Other Authority: ORS 609.415, 561 & 596
Statutes/Other Implemented: ORS 609.415 & 609.420
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