Or. Admin. Code § 603-028-0930 - Penalty factors; procedure
(1)
In imposing a penalty pursuant to the schedule adopted pursuant to ORS
603.995 or
619.996, 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 meat or meat related activities.
(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 603-028-0910
will be assessed as three times the penalty amount in OAR 603-028-0910, 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, 603.995 & 619.996
Stat. Implemented: ORS 603.995 & 619.996
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