Or. Admin. Code § 741-065-0105 - Civil Penalties
(1) In
addition to all other penalties provided by law, any RTA that violates or who
procures, aids or abets in the willful violation of federal statutes or rules,
state statutes, OAR 741-065-0010 through 741-065-0110, or any order, rule or
decision of the SSOA, or the RTA's own safety plan(s), security plan(s), rules,
policies, and standard operating procedures, shall be subject to the imposition
of a civil penalty of not more than $1,000 for every such violation, pursuant
to ORS
824.990.
(2) Civil penalties are applicable to any
person, including an RTA manager, supervisor, official, or other employee or
agent of the RTA, who fails to comply with the RTA's safety plan(s), security
plan(s), rules, policies, and standard operating procedures or state or federal
statutes and regulations. However, penalties may be assessed against
individuals only for willful violations. Willful violations are those that are:
(a) Intentional, voluntary, and committed
with knowledge of the relevant law, or with reckless disregard for whether the
act violated the requirements of the law; or
(b) Committed with reckless disregard for
whether the act violated the law. Each such violation will be a separate
offense and, in the case of a continuing violation every day's continuance is a
separate violation. Every act of commission or omission that aids or abets in
the violation is a violation under subsection (1) of this section and subject
to the penalty provided in subsection (1) of this section.
(3) Civil penalties imposed under
subsection (1) of this section shall be imposed in the manner provided in ORS
Chapter 183.
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