Or. Admin. Code § 603-057-0529 - Civil Penalty For A Violation Occurring Before June 25, 2007; Formula for Amount
(1) When 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 this section. To determine the amount of the civil
penalty, calculate it utilizing the formula: NB + [(.1 x NB) x (P + H + R + C)]
= Penalty Amount where:
(a) N = the number of
times, within a period of three years prior to and including the date of the
current violative act, that the person has been determined by the Director to
have committed that violative act;
(b) B = the base penalty determined using the
following matrix: [Matrix not included. See ED. NOTE.]
(A) The Magnitude of Violation is determined
according to OAR 603-057-0525(2).
(B) The Gravity of Effect is determined
according to OAR 603-057-0525(3).
(c) P = past occurrence of unrelated
violations under ORS Chapter 634 for a period of three years prior to the date
of the current violative act. P will be weighted from O to 6 in the following
manner:
(A) O = no prior violation or
insufficient evidence on which to base a finding;
(B) 1 = past occurrence of an unrelated
Category III violation;
(C) 2 =
past occurrence of an unrelated Category II violation or two unrelated Category
III violations;
(D) 3 = past
occurrence of an unrelated Category I violation, two unrelated Category II
violations or three unrelated Category III violations;
(E) 4 = past occurrence of two unrelated
Category I violations, three unrelated Category II violations or four unrelated
Category III violations;
(F) 5 =
past occurrence of three unrelated Category I violations, four unrelated
Category II violations, or five or more unrelated Category III violations;
(G) 6 = past occurrence of three
or more unrelated Category I violations or five or more unrelated Category II
violations.
(d) H =
History of the person in taking all feasible steps or procedures necessary or
appropriate to correct a violative action. H will be weighted from -2 to 2 in
the following way:
(A) -2 = the person took
all feasible steps or procedures to correct any prior violations;
(B) O = there is no prior history or
insufficient information on which to base a finding;
(C) 1 = the person took some, but not all
feasible steps or procedures to correct prior violations;
(D) 2 = the person took no action to correct
prior violations.
(e) R =
preventability of violation. R will be weighted from -2 to 7 in the following
way:
(A) -2 = the person's actions determined
to be violative were unavoidable;
(B) O = information is insufficient to make
any finding;
(C) 3 = the person's
actions determined to be violative were reasonably avoidable;
(D) 7 = the person's actions were flagrant.
(f) C = cooperativeness
on the part of the person to assist the department in its investigation and to
the extent possible, rectify the violation. C will be weighted from -2 to 2 in
the following way:
(A) -2 = the person is
cooperative;
(B) -1 = the person
provides limited cooperation;
(C) O
= the person is neither cooperative nor uncooperative;
(D) 1 = the person is generally
uncooperative;
(E) 2 = the person
is uncooperative.
(2) If the calculation utilizing the formula
in this section results in an amount more than $1,000 for a first violation of
any provision of ORS 634, the Director shall assess a civil penalty of $1,000.
If the calculation utilizing the formula in this section results in an amount
more than $2,000 for any subsequent violation of the same provision of ORS 634,
the Director shall assess a penalty of $2,000. In addition, the Director may
consider this adjustment if the Director remits or reduces the amount as
provided in ORS 634.910 or OAR
603-057-0502(6).
Notes
Matrix referenced is available from the agency.
Stat. Auth.: ORS 561, 634 & 183.335(5)
Stats. Implemented: ORS 183.745, 634.006, 634.306, 634.322, 634.372, 634.900 - 634.915
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