OAR 629-670-0212: Reducing the Civil Penalty after Repairs are Complete

A person may request that a civil penalty be reduced by the actual costs of the repairs up to an amount equal to $B x D x R. The request must be in writing and received by the State Forester within 20 days of service of the notice of civil penalty. Evidence of actual costs must be presented with the written request. This evidence will not prejudice any claim by the person that a violation has not occurred, or that the person is not responsible for the violation. The State Forester shall determine if the actual repair costs are reasonable and reduce the civil penalty accordingly.