OAR 137-010-0033: Imposition of Civil Penalty

(1) In addition to any other action allowed by law, the Attorney General may impose a civil penalty of not more than $2,000 in connection with any violation of ORS 128.610 to 128.769 or related rules, including but not limited to: (a) Failing to file the registration statement required under ORS 128.660; (b) Failing to file an annual report required under ORS 128.670, including any required attachments; (c) Failing to pay any fee required under ORS 128.670; (d) Willfully making a false or misleading statement in a registration statement, annual report, or other document required to be filed under ORS 128.610 to 128.769; (e) Willfully failing to provide the Attorney General, in a timely manner, upon request, documents or information necessary for the Attorney General to: (A) Substantiate representations, statements, or information contained in a registration statement, annual report or other document filed pursuant to ORS 128.610 to 128.769; (B) Establish and maintain the register required under ORS 128.650; or (C) Establish that a charitable organization has properly applied charitable funds received by the organization; or (f) Failing to appear or otherwise comply with an order issued under ORS 128.690. (2) Civil penalties for violations of ORS 128.610 to 128.769 or related rules may be imposed against the charitable organization or upon a charitable fiduciary responsible for the violation. (3) The charitable organization or charitable fiduciary receiving a notice of imposition of civil penalty shall, upon written request be entitled to a contested case hearing before the Attorney General or his designee to dispute the imposition of the penalty or to submit evidence in mitigation. The hearing shall be held and the Attorney General's order may be appealed in accordance with the procedure for contested cases provided in ORS Chapter 183. (4) The Attorney General may file a certified copy of the original notice assessing civil penalties, or of the order entered after hearing, with the clerk of any circuit court in the state, after expiration of the time to request a hearing, or expiration of the time in which to appeal, or after final determination of the matter on appeal, whichever is appropriate, and such notice or order shall be docketed in the judgment docket and may be enforced in the same manner as a judgment.