OAR 583-050-0028: Schedule of Civil Penalties for Violations of Laws and Rules

Effective January 13, 2015. In assessing civil penalties, the Commission desires to be both consistent and equitable and to consider and evaluate each case on an individual basis. The actual civil penalty which the commission imposes shall be based on the Commission's consideration of the factors in OAR 583-050-0027. The Commission shall impose a penalty per incident based on only one of the degree use activities listed below, i.e. a single incident cannot result in a penalty from more than one category. Civil penalties shall be imposed according to the following schedule for use after warning by the commission of a violation: (1) When such use is related to a position in any employment sector, paid or unpaid, involving public health or safety for which a degree of the type found invalid is required for employment or licensure: $1000 per incident. (2) When such use is intended to induce or encourage payment of money by students, clients, customers or others for whom the degree may serve as an attractant or legitimizer related to a service provided in the business or not-for-profit sector: $1000 per incident. (3) When such use is in public employment not related to public health or safety for which a valid degree of the type claimed is required or is necessary based on the conditions of employment: $500 per incident. (4) By a teacher at any level, including K–12 and postsecondary education: $500 per incident. (5) When such use is likely to deceive the public as to the user's qualifications but no money is sought or received by the user as a consequence in whole or in part of the use: $300 per incident. (6) When in violation of any other provision of OAR 583, division 50: $300 per incident. (7) Repeated violations of any kind may result in a penalty of $1,000 for each repetition occurring after a penalty is imposed by the Commission or an injunction against the usage is issued by a court.