OAR 603-111-0040: Enforcement Proceedings; Civil Penalties

Enforcement Proceedings; Civil Penalties (1) Each violation of any provision of ORS 646.932 or rules implementing that provision is a separate and distinct violation, and, in cases of continuing violations, each day's continuance is a separate and distinct violation. Notwithstanding, the ODA may consolidate proceedings involving multiple violations against the same person or entity into a single proceeding. (2) Hearings shall be conducted as contested case hearings pursuant to the applicable provisions of ORS 183.413 to 183.471 and OAR 137-003-0501 to 137-003-0700. (3) A civil penalty imposed under ORS 646.932 and these regulations may be remitted or reduced at the Director's discretion upon such terms and conditions that are proper and consistent with public safety and welfare. (4) Civil penalties shall be assessed in accordance with ORS 183.745 according to the following schedule based upon enforcement history; (A) First violation: Notice of Non-Compliance. (B) Second violation: A Notice of Violation. (C) Third violation: A monetary civil penalty of $50. (D) Subsequent violations: A monetary civil penalty of $100 per violation.