OAR 603-077-0187: Compromise or Settlement of Civil Penalty by Director

(1) Any time after service of the written notice of assessment of civil penalty, the Director may compromise or settle any unpaid civil penalty at any amount that the Director deems appropriate. Any compromise or settlement executed by the Director shall be final. (2) In determining whether a penalty should be compromised or settled, the Director may take into account the following: (a) New information obtained through further investigation or provided by Respondent which relates to the penalty determination factors contained in OAR 603-077-0180; (b) The effect of compromise or settlement on deterrence; (c) Whether Respondent has or is willing to employ extraordinary means to correct the violation or maintain compliance; (d) Whether Respondent has had any previous penalties which have been compromised or settled; (e) Whether the compromise or settlement would be consistent with the Department’s goal of protecting the public health and environment; (f) The relative strength or weakness of the Department’s case.