Or. Admin. Code § 603-057-0502 - Civil Penalties Generally
(1)
In addition to any other penalty provided by law, the Director may assess a
civil penalty for violation of any provision of ORS 634 relating to pesticide
application, sale or labeling.
(2)
Where the Director determines that a violation occurred before June 25, 2007,
the Director will determine the amount of any civil penalty for that violation
using OAR 603-057-0525 and 603-057-0529. The amount of such civil penalty for a
first violation shall not exceed $1,000, and the amount of such civil penalty
for any subsequent violation of the same provision shall not exceed
$2,000.
(3) Where the Director
determines that a violation did not result from gross negligence or willful
misconduct, and if the violation occurred between June 25, 2007 and December
31, 2015, the Director will determine the amount of any civil penalty for that
violation using OAR 603-057-0525 and 603-057-0530. The amount of such civil
penalty for a first violation shall not exceed $1,000, and the amount of such
civil penalty for any subsequent violation of the same provision shall not
exceed $2,000.
(4) Where the
Director determines that a violation did not result from gross negligence or
willful misconduct, and if the violation occurred on or after January 1, 2016,
the Director will determine the amount of any civil penalty for that violation
using OAR 603-057-0525 and 603-057-0531. The amount of such civil penalty for a
first violation shall not exceed $2,000, and the amount of such civil penalty
for any subsequent violation of the same provision shall not exceed
$4,000.
(5) Where the Director
determines that a violation resulted from gross negligence or willful
misconduct and occurred on or after June 25, 2007, the Director will determine
the amount of any civil penalty for that violation using OAR 603-057-0525 and
603-057-0532. The amount of such civil penalty for a first or a subsequent
violation shall not exceed $10,000.
(6) Where the Director determines that a
violation involves a failure to comply with a confidentiality agreement related
to the pesticide use reporting program, the Director will determine the amount
of any civil penalty for that violation using OAR 603-057-0420. The amount of
such civil penalty for a first or subsequent violation of such confidentiality
agreement shall not exceed $10,000.
(7) If a person requests a hearing, nothing
in this division of administrative rules prevents the Department from amending
the notice to impose civil penalties for the violation under OAR 603-057-0525
and either OAR 603-057-0530 or 603-057-0531, and, in the alternative, under OAR
603-057-0525 and 603-057-0532. The amended notice will specify which civil
penalty will be assessed if the hearing does not occur for any
reason.
(8) A civil penalty imposed
under the applicable statutes and these rules may be remitted or reduced upon
such terms and conditions as the Director considers proper and consistent with
public health and safety.
(9) Civil
penalties shall be due and payable ten (10) business days after the order
becomes final by operation of law or on appeal. A person may pay a civil
penalty before an order becomes final. Payment of a civil penalty before an
order becomes final is an admission by the person of all of the allegations in
the Notice of Imposition of Civil Penalty.
Notes
Statutory/Other Authority: ORS 561, 634 & 183.335(5)
Statutes/Other Implemented: ORS 183.745, 634.006, 634.306, 634.322, 634.372 & 634.900 - 634.915
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