OAR 603-054-0070: Civil Penalty Schedule Matrix

(1) In addition to any other penalty provided by law, the Director may assess a civil penalty for violation of any provision of ORS Chapters 561, 570 and 571 relating to agricultural orders, quarantine rules and regulations, director’s exemptions, compliance agreements, control area orders, failure to pay imported timber inspection fee, unlicensed activity as grower, dealer or agent for the plant nursery, and unlicensed activity as a Christmas tree grower. The amount of any civil penalty shall be determined using the following matrix. The amount of an initial civil penalty shall not exceed $5,000 and any subsequent civil penalties for a repeat occurrence of the same prohibited act shall not exceed $10,000 per violation. [Matrix not included. See ED. NOTE.] (2) Magnitude of violation: The commission of any prohibited act specified below has been determined to be a violation of ORS Chapter 561, 570 or 571 and is subject to a civil penalty. The commission of each prohibited act has been categorized as to its magnitude of violation as follows: (a) Major: (A) Knowingly importing or transferring infested or infected plant material, or other regulated items or regulated organisms into or within Oregon in violation of an agricultural quarantine order, quarantine rules and regulations, director’s exemption, compliance agreement, or control area order. (B) Using falsified or altered certificates or other official documents issued by a federal, state or county phytosanitary official. (C) Tampering with, altering, misrepresenting or falsifying in any manner official documents issued by a plant regulatory official. (D) Providing false information required for issuance of documents or official certificates as required under agricultural quarantine orders, quarantine rules and regulations, director’s exemptions, compliance agreements, control area orders, or imported timber products inspection program. (E) Substituting uninspected plant material or regulated items for plant material or regulated items covered by a Department inspection. (F) Willful violation: a violation that is committed knowingly by a person, or the person’s agent, who intentionally or knowingly disobeys or recklessly disregards the requirements of a statute, regulation, rule, or order. (G) Repeat violations. (b) Moderate: (A) Failure to license or refusal to license as a Christmas Tree Grower; Nursery Stock Grower or Collector of Native Plants; Greenhouse Grower of Herbaceous Plants; Nursery Dealer, Florist or Landscape Contractor. (B) Importing or transferring infested or infected plant material, or other regulated items or regulated organisms into or within Oregon in violation of an agricultural quarantine order, quarantine rules and regulations, director’s exemption, compliance agreement, or control area order. (C) Knowingly falsifying all or part of any application for registration or licensing. (D) Failure to pay imported timber products program inspection fees. (E) Growing plants or conducting other activities requiring a compliance agreement with the Department, without entering into said compliance agreement. (c) Minor: (A) Failure to maintain proper certificates or paperwork as required by an agricultural quarantine order, quarantine rules and regulations, director’s exemption, compliance agreement, control area order, or the timber products inspection program. (B) Failure to notify the Department as required by an agricultural quarantine order, quarantine rules and regulations, director’s exemption, compliance agreement, control area order, or the timber products inspection program. (C) Transporting or accepting for transportation plant material or regulated items that do not carry the official inspection documents required by the Department. [ED. NOTE: Matrices referenced are available from the agency.]