OAR 734-059-0200: Civil Penalties for Violation of the Oregon Motorist Information Act

(1) This rule establishes the factors for consideration in assessing, reducing, or waiving civil penalties created by ORS 377.992 for violation of ORS 377.700 to 377.844, the Oregon Motorist Information Act, and related statutes and rules, and a process for implementing those penalties. These are in addition to any other penalty provided by law, including but not limited to assessing costs, removing signs, and canceling permits. (2) The definitions in ORS 377.710 and OAR 734, division 059 apply to this rule. The following also apply to this section: (a) “First time violator” means a person with no Final Order of violation of the Oregon Motorist Information Act or related statutes and rules within five years of the issuance of the violation notice. (b) “Repeat violator” means a person with only one sign for which the Department issued a Final Order of violation of the Oregon Motorist Information Act or related statutes or rules within five years of issuance of the current violation notice, but who is not a habitual violator. (c) “Habitual violator” means a person with more than one sign for which the Department issued a Final Order of violation of the Oregon Motorist Information Act or related statutes or rules within five years of the issuance of the current violation notice. (d) The five-year period noted in 2(a) through 2(c) commences on the date of an Order finding a violation, and any notice of subsequent violation within that five years is a further violation if the department issues an Order finding a violation, whether or not the Final Order is within the five year period. (e) “Person” is defined in ORS 756.010(5). (3) A person who violates The Oregon Motorist Information Act or related statutes or rules is subject to a civil penalty as provided in this section. Civil penalties begin to accrue 31 calendar days from the date of the notice of violation beginning at 12:01 a.m. of the 31st calendar day and end with the complete correction or the complete removal of the sign by the sign owner, the property owner , or by the Department at the Department's discretion. (4) The Department may assess a penalty up to $50 per day for violation of ORS 377.720(5), 377.720(6), 377.720(9), 377.730(1), or 377.773. The Department may assess a penalty of up to $50 per day for violation of 377.725(12), except if the Department finds the owner intentionally installed the wrong permit plate in an effort to delay or avoid enforcement, in which case the Department may assess a penalty of up to $1000 per day. (5) The Department may assess a penalty of up to $500 per day for each violation by first time violators of ORS 377.510, 377.725(1) or (2), 377.735(1)(b), 377.740, 377.745, 377.750, 377.767(2), 377.767(5). (6) The Department may assess a penalty of up to $1000 per day for each violation by first time violators of ORS 377.720(1) through (4), (7) or (8), or 377.730(3). (7) Repeat and habitual violators may be assessed up to the maximum penalty in ORS 377.992. For any violation not specifically cited in this rule, the Department may assess against any violator up to the maximum penalty in ORS 377.992. (8) For any violation, in lieu of the per day amounts otherwise described, the Department may assess as a civil penalty the gross revenue derived from the sign at issue from the 31st day after notice of violation until the violation is corrected or the sign removed and confirmed by Department staff . (9) The Department may consider all relevant facts in assessing, reducing, or waiving a civil penalty. The Department may consider but is not limited to the following factors: (a) Whether the owner is a first time violator, repeat violator, or habitual violator, and how many of the owner’s signs have previously been in violation of the OMIA. (b) Whether the owner, its agents or employees responsible for the sign at issue were previously involved with another owner, and whether that previous owner had no violations, was a first time, repeat, or habitual violator. (c) The amount of time between the Department issuing a violation notice and the contested case hearing, and whether any delay was due to reasons outside the control of the violator. (d) The cooperation of the owner in dealing with the Department, including: (A) Promptness in responding to requests for information; (B) Accuracy and completeness of information provided; (C) Assertion of frivolous issues or defenses; (e) The complexity of the issues involved; (f) The value of the public interest involved; (g) Public comment about the sign at issue. (10) If the final order resulting from an administrative hearing renders the Department's enforcement incorrect, civil penalties do not accrue to the sign in question. (11) For the convenience of the public, the Department will produce a summary of the types of violations and maximum penalties allowed, factors that may be considered, and any other relevant information regarding assessment of penalties.