OAR 736-020-0110: Disposition of Fees and Penalties

(1) The Department shall establish an account for fees and penalties collected by the Department, or awarded by the court(s), in the administration of the ocean shore statutes. The moneys in this account shall be dedicated to the ocean shore program and shall be continually appropriated to the Department to be used, in priority order, highest to lowest, for: (a) Administering the Department’s ocean shore permitting program; (b) Preserving and protecting the scenic, recreational and other natural resource values of the ocean shore, including preserving, protecting and restoring native species and habitats including rare, threatened, or endangered species and their habitats; (c) Providing public education about the ocean shore; (d) Promoting public safety on the ocean shore; (e) Providing information and assistance to oceanfront landowners; and (f) Any other purpose the Director may deem appropriate in promoting the ocean shore policy in ORS 390.610 through 390.635. (2) The fees and penalties that shall be deposited into the ocean shore account shall include: (a) Application fees collected in accordance with ORS 390.650(7); (b) That portion of just compensation fees collected in accordance with ORS 390.715(1) and 390.725(1) necessary to cover the Department’s administrative costs, including processing the application, issuing and administering the permit and monitoring the project; (c) Civil penalties collected in accordance with Oregon Laws 1999, Chapter 373, Sections (9), (10), and (11); (d) Court awarded settlements in civil abatement proceedings in accordance with Oregon Laws 1999, Chapter 373, Sections (13) and (16); and (e) Court awarded settlements to any plaintiff in civil abatement proceedings in accordance with Oregon Laws 1999, Chapter 373, Section (15).