Or. Admin. Code § 603-022-0930 - Penalty factors; procedure
(1)
In imposing a penalty pursuant to the schedule adopted pursuant to ORS
632.995, the Department shall
consider the following factors, which are listed in prioritized order:
(a) The immediacy and extent to which the
violation threatens the public health or safety.
(b) Any prior violations of statutes, rules
or orders pertaining to eggs.
(c)
The past history of the person incurring a penalty in taking all feasible steps
or procedures necessary or appropriate to correct any violation.
(d) The economic and financial conditions of
the person incurring the penalty, including any financial gains resulting from
the violation.
(2) Each
24-hour period a violation continues after the period of time established for
compliance will be considered a separate violation unless the Department finds
a different period of time is more appropriate to describe the specific
violation event.
(3) Repeat
violations of OAR 603-022-0910 will be assessed as three times the penalty
amount in OAR 603-022-0910, not to exceed $10,000.
(4) A civil penalty imposed under this rule
will comply with ORS 183.745, except that the written
application for a hearing must be received by the department no later than 10
days after the mailing or personal service of the notice of civil
penalty.
Notes
Stat. Auth.: ORS 561.190, 632.995
Stat. Implemented: ORS 632.995
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