Or. Admin. Code § 603-052-0921 - Violations
(1) No person shall
violate any control area rule governing the production of Brassicaceae in
Oregon.
(2) Consistent with ORS
561.280 and
570.405 and in addition to any
other lawful remedy, the Director may bring an action to enjoin the violation
or threatened violation of any provision of 570.405 and 570.450 or its rules.
Such action may be filed in the circuit court of Marion County or in the county
in which the violation or threatened violation occurs or is about to occur.
Consistent with applicable law, the relief requested may include, but is not
limited to, an order for summary destruction of any rapeseed crop.
(3) Notice of Noncompliance and Plan of
Correction. In addition to, or in lieu of, any action to enjoin enforcement of
these rules, the Director may issue a Notice of Noncompliance and Plan of
Correction to any person.
(a) A Notice of
Noncompliance informs the person to whom the notice is directed of the
violation, including a reference to the particular statute or administrative
rules involved, and the location of the violation;
(b) A Plan of Correction directs the person
to whom the plan of correction is directed to perform those actions necessary
to comply with the particular statute or administrative rules involved;
(A) Specifies a reasonable period of time by
which compliance is to be achieved not to exceed five (5) calendar days after
the notice is received;
(B) May
include requirements for the person to whom the plan of correction is directed
to report the completion of specific actions;
(c) A Notice of Noncompliance and Plan of
Correction is issued by the Director, is an order other than contested case for
purposes of judicial review, and must be served personally or by registered or
certified mail.
(d) Failure to
perform any of the requirements of a Plan of Correction may be considered by
the Director as a failure to correct the violation within the period of time
set for correction by the Director in the Notice of Noncompliance and Plan of
Correction and may result in any lawful enforcement including, but not limited
to, those remedies described in subsection (2) of this section.
Notes
Stat. Auth.: ORS 561.190, 561.510 - 561.600, 570.305, 570.405. 570.410 - 570.415 & 570.450
Stats. Implemented: ORS 570.405 - 570.415 & 570.450
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.