OAR 409-070-0067: Violations and Civil Penalties

(1) Pursuant to ORS 415.900, the Authority adopts the following schedule of civil penalties: (a) For violations of OAR 409-070-0010 and 409-070-0015: Up to $10,000 per offense when an entity fails to submit a material change transaction that was subject to review. (b) For violations of OAR 409-070-0080: (A) Up to $10,000 per offense when an entity fails to timely respond to a clarifying question or information request from the Authority. (B) Up to $10,000 per offense when an entity fails to comply with a condition as specified in the Order. (c) For violations of OAR 409-070-0082: (A) Up to $10,000 per offense when an entity fails to timely respond to a clarifying question or information request from the Authority. (B) Up to $10,000 per offense when an entity fails to provide requested documentation. (d) Up to $10,000 per offense when an entity fails to timely respond to a clarifying questions or information request from the authority in violation of OAR 409-070-0085. (2) If an entity has made documented efforts to comply with these rules, the Authority may consider this a mitigating factor before imposing civil penalties against the entity. (3) Every violation of an order, rule or regulation is a separate offense subject to a separate civil penalty. (4) The provisions of this section are in addition to and not in lieu of any other enforcement provisions imposed by law. (5) Civil penalties under this section shall be imposed and enforced in accordance with ORS 183.745. (6) Pursuant to ORS 514.501(22), the director of the Authority may apply to the Circuit Court for Marion County for an order enjoining the person, and any director, officer, employee or agent of the person, from the violation, and for other such equitable relief as the nature of the case and the interest of the public may require. (7) Moneys received by the Authority under this section shall be paid to the State Treasury and credited to the General Fund.