OAR 603-057-0532: Civil Penalty For A Violation Resulting From Gross Negligence or Willful Misconduct And On Or After June 25, 2007; Formula for Amount

(1) When the Director determines that the violation resulted from gross negligence or willful misconduct and that the violation occurred on or after June 25, 2007, the Director will determine the amount of the civil penalty using this section. To determine the amount of the civil penalty, calculate it utilizing the formula: NB + [(.1 x NB) x (P + H + C)] = Penalty Amount where: (a) N = the number of times, within a period of three years prior to and including the date of the current violative act, that the person has been determined by the Director to have committed that violative act; (b) B = the base penalty determined using the following matrix: [Matrix not included. See ED. NOTE.] (A) The Magnitude of Violation is determined according to OAR 603-057-0525(2). (B) The Gravity of Effect is determined according to OAR 603-057-0525(3). (c) P = Past occurrence of unrelated violations under ORS Chapter 634 for a period of three years prior to the date of the current violative act. P will be weighted from O to 6 in the same manner as described in OAR 603-057-0530(1)(c). (d) H = History of the person in taking all feasible steps or procedures necessary or appropriate to correct a violative action. H will be weighted from -2 to 2 in the same manner as described in OAR 603-057-0530(1)(d). (e) C = Cooperativeness on the part of the person to assist the department in its investigation and to the extent possible, rectify the violation. C will be weighted from -2 to 2 in the same manner as described in OAR 603-057-0530(1)(f). (2) If the calculation utilizing the formula in this section results in an amount more than $10,000, the Director will assess a penalty of $10,000. In addition, the Director may consider this adjustment if the Director remits or reduces the amount as provided in ORS 634.910 or OAR 603-057-0502(6). [ED. NOTE: Matrix referenced is available from the agency.]