Or. Admin. Code § 740-300-0040 - Violation of ORS Chapter 825 and 826 Not Otherwise Provided For - General Penalties
(1)
Except as otherwise ordered by the Department in a particular case, any person
who violates any provision of ORS Chapter 825 or 826, or any rule or order of
the Department related thereto which has not otherwise been provided for in the
Department's rules, shall be subject to the penalties in sections (3), (4) and
(5) of this rule.
(2) As used in
this rule, "similar violation" means a violation which is similar to the
violation alleged in the notice of proposed civil penalty. For the purpose of
determining similarity under this rule, violations shall be classified as those
relating to:
(a) Registration of
vehicles;
(b) Weight-mile tax
credentials, temporary pass, enrollment in Oregon's weight-mile tax program or
other authorized identification devices;
(c) Economic regulation of transportation of
household goods, except rates;
(d)
Rates for the transportation of household goods; or
(e) Violations of a statute or rule not
included in subsections (a) through (d) of this section.
(3) Level I finding of violation(s) apply if
no penalty order, cease and desist order or finding of violation(s) has been
entered against the defendant within the preceding five years for similar
violations of statutes and rules described in this section and no other notice
of proposed civil penalty or notice of proposed finding of violation(s) is
pending against the defendant for similar violations. If such violations have
been found within the last five years, or a notice of proposed penalty or
notice of proposed finding of violation(s) is pending against the defendant for
violations described in this rule, penalties will be assessed at Level II. Upon
a finding of violation(s) at Level I, the Department will issue an order
finding such violation(s).
(4)
Level II penalties, except as provided in section (5) of this rule, apply to a
defendant who does not meet the criteria in section (3) of this rule. The
penalties shall include:
(a) $100 for each new
violation committed; and
(b)
Suspension of operating authority for five working days.
(5) Level III penalties apply to a defendant
who has been penalized for similar violations at Level II within12 months
preceding the violation. The penalties shall include:
(a) $100 for each new violation
committed;
(b) Imposition of
penalties suspended under prior orders for similar violations, unless
suspensions have become permanent; and
(c) Suspension of operating authority for
five working days, or cancellation of authority if warranted by the
circumstances of the particular case, for violation of ORS Chapter 825 or
826.
(6) Unregistered
Vehicles: For the purpose of assessing penalties for violations of ORS
826.031, a defendant will be
deemed to have committed one violation for each unregistered vehicle operated
in a given month.
(7) Vehicles
Operated Without Enrollment in the Weight-mile Tax Program or other Authorized
Identification: For the purpose of assessing penalties for violations of ORS
825.470, a defendant will be
deemed to have committed:
(a) One violation
per day for each vehicle operated without first enrolling in the weight-mile
tax program or obtaining a valid temporary pass; or
(b) One violation per vehicle for each
vehicle operated without valid enrollment in the weight-mile tax
program.
Notes
Statutory/Other Authority: ORS 184.619, 823.011 & 825.232
Statutes/Other Implemented: ORS 818.210, 818.230, 825.104, 825.110, 825.160, 825.166, 825.202, 825.204, 825.206, 825.224, 825.234, 825.320, 825.470, 825.950 & 826.031
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