OAR 333-101-0090: Investigation and Civil Penalty

(1) If after an investigation by an Authority-employed X-ray machine inspector, the Authority has reason to believe that an act prohibited by OAR chapter 333, division 101 has been committed, the Authority may impose a civil penalty not to exceed $5,000. The Authority reserves the right to pursue other remedies against alleged violators and may take any other disciplinary action at its discretion that it finds proper. (2) In establishing the amount of the penalty for each violation, the Authority must consider, but not be limited to, the following factors: (a) The gravity and magnitude of the violation; (b) The person's, as defined in OAR 333-100-0005, previous record of complying or failing to comply with division 101; (c) The person/company's history in taking all feasible steps or in following all procedures necessary or appropriate to correct the violation; and (d) Such other considerations as the Authority may consider appropriate. (3) Civil penalties must be imposed in the manner provided by ORS 183.413 to 183.470.