OAR 735-070-0170: Hearing Regarding Civil Penalty for Violation of an Out-of-Service Order or Notification of Violation

(1) When a civil penalty is imposed under ORS 813.055, the operator of a commercial motor vehicle has a right to a contested case hearing in accordance with ORS 183.745. The amount of the civil penalty is not an issue at the hearing, and the administrative law judge presiding at the contested case hearing may not reduce the amount of the civil penalty. (2) The schedule of civil penalties is assessed as follows: (a) $3,861 for the first violation of an out-of-service order or notice. (b) $7,723 for a second or subsequent violation of an out-of-service order or notice.