OAR 350-030-0030: Notice of Alleged Violation

(1) If the violation is not de minimis, the Director shall serve written notice of violation on the alleged violator by personal service or by registered or certified mail. The notice shall include: (a) A plain statement describing the alleged violation; (b) The provision of P.L. 99-663, the management plan, the land use ordinance, the implementation measure or the order alleged to have been violated; (c) The legal and common description of the subject property; (d) The proposed disposition of the matter through either 350-30-050 through 350-30-060 or 350-30-070 including the recommended penalty to be imposed (if any) and the criteria from 350-30-090 upon which the penalty is based; (e) A statement that the alleged violator shall file an answer within 14 days after receipt of the notice of violation; (f) A copy of 350-30-040 which prescribes how to file an answer; and (g) A statement that if resolution is not reached through 350-30-050 through 350-30-060 the Commission will consider the alleged violation at a contested case hearing which may result in the entry of a final order imposing a civil penalty based upon a prima facie case made on the record, whether or not the alleged violator participates. (2) Service shall be deemed complete three days after written notice is mailed to: (a) The alleged violator; or (b) Any person designated by law as competent to receive service of a summons or notice for the alleged violator. (3) Notice sent by registered or certified mail to a person at the last known address of the person is presumed to have reached the person within three days after mailing.