Or. Admin. Code § 837-085-0270 - Penalty Criteria for Noncompliance - General
(1) Any covered employer, owner or operator
found to be in noncompliance may be assessed a penalty of up to a maximum of
$1,000 per day for each day of noncompliance in accordance with ORS
453.357.
(a) The number of days the covered employer,
owner, or operator is considered in noncompliance shall be based on the total
number of days that pass between the date compliance was required to the date
compliance is achieved.
(b)
Compliance shall be considered achieved when the required and correct
information is received by the State Fire Marshal or in the case of
noncompliance with OAR 837-85-0170(1) or (2) the required information is
received by the requesting health professional.
(2) The noncompliance classification
established in OAR 837-085-0280 shall be used to determine the penalty, if any,
that will be assessed.
(3) If a
covered employer, owner, or operator is found to be in Class 1 Noncompliance,
calculated and assessed penalties for violations in other noncompliance classes
will not be assessed.
(4) If a
covered employer, owner, or operator is found to be in two or more of Class II,
III, or IV Noncompliance, a daily penalty may be assessed for only for the
highest Noncompliance Class. Penalties for violations in other noncompliance
classes will not be assessed.
(5)
If a covered employer, owner, or operator is found to be in Class V
Noncompliance, penalties for violations in other noncompliance classes will not
be assessed.
(6) At any time prior
to a Notice of Noncompliance and Proposed/Final Penalty Assessment Order
becoming final, the State Fire Marshal may modify the notice to reflect the
correct noncompliance classification or penalty assessment.
(7) Nothing in these rules shall affect the
ability of the State Fire Marshal to modify penalties through a Stipulated
Final Order.
(8) Penalty
suspensions may be made in accordance with OAR 837-085-0310.
Notes
Statutory/Other Authority: ORS 453.367
Statutes/Other Implemented: ORS 435.357
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