OAR 603-011-1900: 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; a notice of violation; and summary quarantine. (2) In addition to any other penalty provided by law, the Director may assess civil penalties for commission of acts prohibited by ORS 596.075, 596.331(1), 596.351, 596.388, 596.392(1) to (3) or (6), 596.404 to 596.416, or 596.460, or a rule adopted pursuant thereto. Civil penalties will be assessed in accordance with the magnitude of the violation determined as follows: (a) Category 1: In addition to taking any alternative enforcement action deemed necessary to protect the public interest, the Department may issue a civil penalty for a Category 1 violation. Category 1 violations include: (A) Submitting false or fraudulent applications, records, invoices or reports; (B) Impeding, obstructing, hindering or otherwise preventing or attempting to prevent the Department from performing its duties under ORS 596; (C) Making any false or misleading representation in connection with the sale, movement, or destruction of livestock; (D) Selling, offering to sell, or disposing of any livestock that the person knows to be exposed to, a carrier of or infected with any disease required to be reported under ORS 596.321, unless otherwise authorized by ORS 596.331(1); (E) Knowingly import or cause to be imported into this state any livestock exposed to, infected with or a carrier of disease; (F) Refusing to comply with a lawful order of the State Department of Agriculture related to the control or eradication of a disease; (G) Failing to separate and confine diseased animals; and (H) Using, selling, offering for sale, or distributing any vaccine, bacteriological or biological product declared to be a hazard to livestock health under ORS 596.065. (b) Category 2: Except for a repeat violation, for which the Department may immediately issue a civil penalty, prior to issuing a civil penalty for a Category 2 violation, the Department will take written alternative enforcement action and will allow a specified amount of time to take corrective action. Failure to complete the corrective action within the specified time period or repeat violations may result in the immediate issuance of a civil penalty. Category 2 violations include: (A) Importing or causing the importation of livestock not accompanied by a Certificate of Veterinary Inspection, Grazing Permit or Import Permit; (B) Failing to test, treat, examine or otherwise comply with import regulations or with the conditions of an import permit; (C) Failing to comply with the terms of a Grazing Permit; and (D) Failing to comply with any other rule adopted pursuant to ORS 596.075, 596.331(1), 596.351, 596.388, 596.392(1) to (3) or (6), 596.404 to 596.416, or 596.460. (3) Maximum civil penalties are not to exceed the following: (a) Category 1 (A) First violation - $500 (B) Second or subsequent violations - $1,000 (b) Category 2 (A) First violation - $250 (B) Second violation - $500 (C) Third or subsequent violations - $1,000 (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.