OAR 603-011-0217: Enforcement Guidelines

(1) The Department may use alternative enforcement actions in addition to, or instead of, assessing a civil penalty. Alternative enforcement actions may include, but are not limited to a letter of advisement or a notice of violation. (2) In addition to any other penalty provided by law, the Director may assess civil penalties for a veterinarian’s failure to report diseases required by ORS 596.321(2) or OAR 603-011-0214 through 603-011-0216. Civil penalties will be assessed in accordance with the number of violations determined as follows: (a) Each 24-hour period that elapses after a veterinarian observes clinical evidence of any disease or condition required to be reported under OAR 603-011-0214 and 603-011-0215 in any species, without reporting to the Department, shall constitute a separate and distinct violation under the same violation classification as set forth in subsection (3) below, except as otherwise provided under subsection (4). (b) The failure to report a disease required to be reported under OAR 603-011-0216 within 15 days of laboratory confirmation shall constitute a single violation. (3)(a) Maximum civil penalties are not to exceed the following: (A) First Violation - $125 (B) Second Violation - $375 (C) Third or subsequent violations - $1,000 (b) In determining whether a violation is first, second, or third violation for the purpose of this subsection, the Department will consider past violations and not the length of time taken to report a single disease. (4) Notwithstanding sections (2) and (3) of this rule, any violation that results in substantial harm to human health or animal health, the subsequent spread of disease to non-infected premises, or that requires the Department to incur costs to address the violation may be subject to a civil penalty of not more than $1,000 per violation.